SHOULD I SIGN A RECEIPT AND RELEASE FORM? If signed,can i back out of it?

Bankruptcy and Debt 1 views 2 answers
my mom became the administrator of my dad's estate. She was told to give my brother n i receipt and release forms and notorize. I reluctantly did sign and notorize the form(because my brothers girlfriend is doing the work for my mom n also works for the lawyer) my questions are never answered fully n i feel i'm getting ripped off.a check in my name was sent but i haven't signed.HELP ,WHAT DO I DO?

Attorney Answers

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Peter John Fiorella IIIProbate AttorneyBuffalo, NY ·
Generally, in an estate in which there is no Will an Administrator is appointed. When your father died, the interested parties are the spouse, your mother, and the issue, you and your brother. Distribution is made pursuant to the Section 4-1.1 of the EPTL in which the spouse gets the first $50,000 plus 1/2 the remainder and the issue, or children, get the other 1/2 remainder prorata or split equally. Your mother, as the spouse, is first entitled to exempt property for her benefit under Section 5-3.1 of the EPTL too before the 4-1.1 distribution calculation. Normally, when there is an estate attorney involved, an informal accounting would be prepared for your mom to give to you as a distributee with the Receipt and Release form which is needed by her to close the estate. Usually, you don't sign it until you know how your share of the estate asset distribution was calculated; otherwise, you waive your rights to object. I would contact an estate attorney as you may want to consider filing a proceeding to compel an accounting in Surrogate's Court to ensure you are getting your share of the estate under law. By doing this, you will also preserve your right to object and contest the distribution. I am re-categorizing this under "probate" as probate attorneys handle these types of estate proceedings too. Good luck.
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