Schenectady, NY asked in Estate Planning and Probate for New York

Q: Should I sign a “receipt, release and waiver” prior to receiving the funds? (NYS)

I got a letter asking me to sign and have notarized a “Receipt, Release and Waiver” saying I received distribution from my mom’s estate. If I’m reading the legalese correctly, it also releases the executor from any liability. The letter instructs me to send this to the lawyer’s office to be held in escrow until the executor says he has made payments. I am uncomfortable signing something that says I received money I haven’t received yet. Also, I do not trust the executor. (Mom left her personal belongings to my brother, but the executor took some expensive items without asking.) Is this “Receipt, Release and Waiver” standard? Is it normal to sign one of these before actually receiving the money? (NY State)

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1 Lawyer Answer
Michael David Siegel
Michael David Siegel
  • Probate Lawyer
  • New York, NY
  • Licensed in New York

A: It is standard. When you return it, say it is in escrow pending transmittal of the funds.

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