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CraiginPA

need phrase for contingency on executor release form

11 posts in this topic

The attorney/executor of my father's estate is asking to be released from all actions and claims etc. as he winds down his handling of the estate.  Routine, except that  I know I could be easily be fooled by a dishonest yet trusted attorney/executor.  I would like to add a conditional phrase giving me some recourse if the executor (or his employee) later turn out to have been criminally or fraudulently misappropriating funds.  What phrase could I add?  I'm looking for something so simple and benign that no honest attorney would reject.

 

Or do I even need to?  The original release says I would "remise, release, quit-claim and forever discharge ... from any and all actions, claims, ...in connection with the Estate to the extent of [my] share of the net residue ...."   I don't have any suspicion of any wrongdoing, but I would at least like to know that if it turns out an executor  defrauded or stole from the estate there would be a way to pursue getting it back.  What few contingency or "to the extent" words would be reasonable?

 

Craig

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2 hours ago, CraiginPA said:

I could be easily be fooled by a dishonest yet trusted attorney/executor.

 

You know who else could easily fool you or provide bad information?  Anonymous strangers on the internet.  I can tell you that I'm an attorney (which is true, albeit I'm not licensed to practice in Pennsylvania), but you have no way of knowing that's true.  Indeed, you have no way of knowing I'm not the person with whom you're dealing.

 

 

2 hours ago, CraiginPA said:

I'm looking for something so simple and benign that no honest attorney would reject.

 

Every honest attorney will reject what you're suggesting.  Now is the time to put up or shut up.  If you think this person did something improper, then take appropriate action.  If you have no reason to think he did anything wrong, then sign the release.  Or consult with a local probate attorney for advice.

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Re:  "You know who else could easily fool you or provide bad information?"

I came here for constructive advice, not the obvious.

 

Re:  "Every honest attorney will reject what you're suggesting."

I doubt that.  Only a criminal would have any reason to reject something that only protects against criminal behavior.  Especially since the alternative is just taking it to probate court myself which seems relatively easy to do at this point at the end of the process.

 

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Re: "A release isn't going to help a lawyer for a criminal act."

 

I'd love to believe that, but the attorney's release doesn't doesn't say that.  Sure, he could be sent to the slammer if he did something criminal, but the "any and all" language seems to bar any attempt to reclaim funds even if obtained criminally (stolen), no?  How would it be possible?

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To: PayrollGuy -- Thank you for the correct word.  That has me wondering whether restitution for a crime can be sought even when a "release" seems to bar all claims and actions?  I don't suspect any wrongdoing; I just need protection from the unknowable.

 

To:  knort4 --  Hmmmm, I have not heard him or his paralegal mention anything about an executor's bond, but I believe one is required in PA unless explicitly waived in the will.  (I did read the will carefully a couple years ago and don't remember any mention of waiving that.)  If it was obtained, would that mean I'm already protected if there were theft by the executor or his staff?   Thank you for raising that good question.

 

To:  RetiredinVA -- Yes, but wouldn't such a court-granted release only release an executor from further executor responsibilities, and not make the executor immune to subsequent court-ordered restitution if convicted of theft?

 

 

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44 minutes ago, CraiginPA said:

To: PayrollGuy -- Thank you for the correct word.  That has me wondering whether restitution for a crime can be sought even when a "release" seems to bar all claims and actions?  I don't suspect any wrongdoing; I just need protection from the unknowable.

 

 

 

 

 

Yes, it can.  That is why I mentioned it in the first place,

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