San Jose, CA asked in Estate Planning for California

Q: Can executor make u sign to get share and free themselves of any doing too my sister knows I need money

And I need it can’t afford lawyer til after but it says I can’t fight anything when I sign

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, it is common for executors to ask beneficiaries to sign a release form before distributing their share of the estate. This release can include language that absolves the executor of liability for their actions during the administration of the estate. While this practice is legal, it's crucial that you fully understand what you are signing, especially if the document includes a waiver that prevents you from bringing any future claims against the executor for their handling of the estate.

If you're concerned about the terms of the release or waiver, especially if you feel pressured due to your financial situation, it's important to proceed with caution. You have the right to seek a full accounting of the estate and to have any questions answered about the estate's administration before signing anything that waives your rights. Even if you cannot afford a lawyer now, some attorneys may offer a free initial consultation, or there may be legal aid services available to you that can provide advice at little or no cost.

Signing a document that waives your right to contest the executor's actions can have significant consequences. If you believe that the executor has not acted in the best interests of the estate or if there are other concerns about their management, it's advisable to explore all your options before agreeing to such terms. Remember, the decision to sign should be made based on a clear understanding of your rights and the implications of signing away those rights.

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