OK to sign Receipt of Beneficiary before disbursement of funds?

May 20, 2011 10:59 AM

Is it normal to be asked to sign a Receipt of Beneficiary (and Consent to Discharge, and more) without receiving funds first?

My dad's estate's executor's lawyer has sent me a set of waivers to sign before final distribution of assets -- which includes a "receipt of beneficiary" statement. In fact it looks a lot like this form.

I'm in FL, which was my Dad's state of residence and where the probate is. It seems strange for me to sign that I've received my full share of the distribution (item (h) on the form) when I haven't.

Is this normal, customary, unworrisome? Do I just blink twice, then sign?

Reassure or discomfit me, o Mefi Mind!

posted by cps to law & government (2 answers total)

I don't have an answer for you but I highly recommend to ask your question on www.avvo.com
posted by 3dd at 12:48 PM on May 20, 2011

IAL IAprobateL. IANFloridaL - ok enough with this. In the two states I practice in this most certainly NOT the right way it is done.

In my areas the executor/ personal representative prepares and files a final accounting which shows what came in, what was spent (decedent's debts, etc.), what's left and who gets what. All beneficiaries have time to object. THEN after objections are resolved, or after the objection period passes with no objections, the Court enters a judgment approving distribution. Then the PR sends each devisee or heir what they are supposed to get and a receipt. They only sign and return the receipt after they get their inheritance.

Call a probate lawyer in FL before signing those docs.
posted by BrooksCooper at 10:10 PM on May 20, 2011