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AFF464
Aug 27, 2011, 05:31 PM
I have received receipt and release of heirs I am asked to sign as an heir, which indemnifies and forever releases the executor saying he has completed everything and has no further accountability to me whatsoever.

I am in receipt of an accounting of the cash assets and home of the deceased. There is no accounting for personal property cleared from the home but the will states personal property to be equally distributed in kind among the 6 heirs. This would, to my knowledge of having last seen the home a year ago, include a whole houseful of beautiful matching furniture mostly from the 1940's in great condition and solid wood, a few antiques, jewelry, dishes, silver, riding mower and car in good repair, and family history and heirlooms of little monetary value. The cash assets accounting values personal property at $500. I not only had not prior received any notification that I was named in this will but I also have no knowledge of how any personal property is to be distributed.

Because of medical bills and the 6-way split, the cash assets net only a couple thousand dollars per person, so not enough to remotely consider any legal battle or in fact incurring any more legal fees. I know one heir here is in economic bind with medical bills of his own, and I want a swift but fair resolution here.

Can I in fact change the wording of the release I am to sign stating that the cash assets I absolve the executor on but I reserve the right to see an accounting of an equal distribution of the personal property?

I have knowledge (heresay, really!) that the executor has taken all of the items into his home and I know not if he plans to distribute them or simply keep them. (I suspect keep them, as he was executor before and that's exactly what happened. At the time, fraught with grief, the other heirs didn't care. I do know there is to be no auction or liquidation. The executor is one of the heirs, as he was before.)
I do understand that it may in fact e that cash equivalent needs to be forfeited for excess in property assets, so maybe I shouldn't even sign off on the cash accounting, as perhaps less $ needs to go to the one who keeps most of the 'stuff'? What do I do?

I am not in need of anything, cash or stuff. I'm not rich, but I get by on my own. I won't turn it down, I want what's fair.

AFF464
Aug 27, 2011, 05:53 PM
The deceased died December 2010. I have just been notified in August 2011 to sign a receipt and release of heirs. Prior to this I had no notification or knowledge I was named in the will. Another heir and relative of mine is executor, also in PA. I live in a different state. What is my recourse if any if the executor failed to notify me in a timely manner?

And, I am being asked to sign a receipt and release stating "I acknowledge that [the executor] has fully and satisfactorily administered and disbursed the assets of the estate. Now, therefore, in consideration of the property received by me, the receipt of which is acknowledged, I release, exonerate, and discharge [the executor] for any and all liability and accountability to me, and I consent that the [executor] may have a decree entered discharging him from any and all claims, demands, liability, and accountability to me without further accounting.
I waive the issue and service of a citation yo attend any judicial settlement of the account or any proceedings which myab be taken by [the court]

But although there is an enclosed accounting saying about $3000 cash is going to each heir, I haven't received that yet. Isn't this paper saying I have already received it? Or am I misunderstanding the legal wording? I haven't received anything at all. What should I do? I have another question about personal property not accounted for, wasn't sure how or if I should ask both questions separately and I forget to say Pennsylvania in other question.

ScottGem
Aug 27, 2011, 05:54 PM
You can change the documents, but if the executor does not sign off on the changes, then they will not be valid.

If you don't accept the accounting you will have to protest probate.

I've merged your threads, Please don't start multiple threads over the same issue.

Contact the PA probate court. But 8 months is not an excessively long time.

Fr_Chuck
Aug 27, 2011, 06:14 PM
Yes 8 months for probate is actually a short time, The one I am in right now has been a couple years. And it is going about right.

I would suggest if you don't agree, just don't sign, send it back with your objections and then dispute it in probate court

AK lawyer
Aug 28, 2011, 03:25 PM
...
Can I in fact change the wording of the release I am to sign stating that the cash assets I absolve the executor on but I reserve the right to see an accounting of an equal distribution of the personal property?
...

Certainly, you can change the wording of the release before you sign it. But I am not sure about the language you propose. "Cash assets" can very well include, for example, the proceeds from the sale of the personal property. So I would agree with the others, particlulary ScottGem. Just file a protest in the probate court and ask for a hearing.