Q: Can a PR (who is also a beneficiary) withhold inheritance until beneficiary sign a waiver/release/contract?
And Does a beneficiary have to waive all their rights in order to get an inheritance?
A: It is customary to sign a waiver at the time an estate is distributed. But you do not need to waive your rights. Instead, you may enforce your rights by bringing any claims or concerns you have before the Court. The Court will address your concerns and can order distribution. This process may delay distribution until such time as the Court rules. I recommend speaking with a probate attorney before you make decisions or take action. Some claims must be brought promptly or they might be time barred. Your probate lawyer can advise you.
A: A waiver like this is pretty normal. The Trustee is generally wanting to make final distributions and close the estate. They want the beneficiaries to acknowledge that they have received what they were entitled to, and are not going to try to later sue the Trustee or the Estate. If you have complaints or concerns about how an Estate was managed, speak with an attorney and have it looked. Hopefully everyone wants the same thing - fair treatment and closure.
Gregory Christopher Poulos agrees with this answer
A: I agree with my colleagues that this is pretty normal. What is missing from your question however is whether or not you have been provided with any information about the estate. If you have been provided any kind of accounting of what the estate consisted of, what the expenses were and what the final distribution would look like unless you are not satisfied with that, there is no reason not to sign.
However, if you have not been provided any or sufficient information to make a good decision, you should request it and not sign until comfortable that the estate has been handled properly.
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