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So if me and my siblings got a settlement do we all have to sign for the checks
Anonymous2 views4 answers
my dad died two years ago the attorneys wont give us the money unless all siblings sign but its all divided evenly i dont see why we cant just sign for are own checks
You say your father died and you also refer to a settlement but I assume this is the "settlement" of an estate (and not a lawsuit?). If it is the end of the administration of the estate, it is common practice for representative of the estate (PR) (the executor or administrator) to ask the beneficiaries to sign a "release and refunding bond" or waiver/receipt/release document which says that you absolve the PR of liability for his/her actions and that you agree to pay back your pro-rated share of inheritance if it was determined that a debt is due and the distribution to you was erroneous (too large). I regularly advise my clients who are executors not to make distributions until they receive this document from ALL beneficiaries.
I would also agree with Attorney Zelinger. One of the benefits in handling things this way is that, it generally causes the beneficiaries who are in agreement with distribution to gang up on and persuade any other siblings to consent, so that everyone can get paid. It puts some psychological pressure on any potential dissidents, as well. If you know that ALL of the other beneficiaries have signed, it can cause you to think about why you want to object. From a legal perspective, once the money is paid out, it is harder to get it back, if this even can be done. The executor/administrator is due money for defense of any objections, and it is better from his/her point of view, to keep all of the funds available for this purpose.
James Frederick
Your terminology is a little confusing as Attorney Zellinger pointed out.
If you are really referring to the closing of the probate estate, or the settling of a revocable trust, it is very common to not make a final distribution until all the heirs agree that the matter is ready to be closed. The Personal Representative/Trustee is not going to make the final distribution unless they know everyone is not going to object later. They probably want you to sign something that says you make no objection and that the final distribution is all that you are entitled to.
If one sibling does not agree, it might be best to get the court to formally close the probate or trust and end the dispute. 2 years is a long time to have an estate open.