Q: How can I compel an estate to reimburse me for final expenses that I paid?
My mother's will states that the estate will cover final expenses. I laid out the funds and my siblings reimbursed me their share of the cost. The estate has not reimbursed me for my share. (I have no idea if the estate paid them back). The attorney for the estate is trying to get me to sign a general release in exchange for the reimbursement. I was told that while it is a general practice for attorneys representing an estate to get any party seeking money from the estate to get them to sign a general release. At the same I was told that since I am not a beneficiary of the estate that it is unusual for me to sign a release. I am seeking reimbursement. I was not included as a beneficiary of the estate. I have exchanged numerous emails with the estate attorney and we agreed upon the sum. I told him that I was not inclined to sign the release. My last contact was 2 months ago. He is stalling and dragging this out. How can I compel him to pay me what I am owed. I am in NY.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- New York
- (646) 775-3455
- View Profile
- Answered
A: If he is putting in writing that the estate is reimbursing you in exchange for a release, I don’t understand your hesitation. Do you believe you are owed anything more?
A: The release is not unusual. If you have no claims other than the one being paid, there is no downside to signing it. Depending on the amounts we are talking about, it may not be worth moving to compel payment without a release.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
