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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Estate Law
Satisfied Customers: 2677
Experience:  Litigation Attorney with education focus on estate planning and tax
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I need to prepare a private family settlement agreement in

Customer Question

I need to prepare a private family settlement agreement in Charleston, South Carolina
Submitted: 1 year ago.
Category: Estate Law
Expert:  Christopher B, Esq replied 1 year ago.

What exactly is your question regarding this?

Customer: replied 1 year ago.
I need to prepare a private family agreement for probate court
Customer: replied 1 year ago.
I need an example of one to follow
Expert:  Christopher B, Esq replied 1 year ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

It is very difficult to use a sample form as every situation is different but here is one that might give you a base line:

FAMILY SETTLEMENT AGREEMENT

THIS AGREEMENT by and between _______________________, __________________________, and ____________________________ individually and ____________________________________ Personal Representative of the Estate of ____________________________, Deceased, of ___________________, ____________________________ County, ____________________________.

WHEREAS, ______________________, who resided at___________________________, ______________ city, ________________County, ____________________, State _____________, 20___having left his/her Last Will and Testament dated _________________, ______, which was duly admitted to probate by the Probate Clerk of ______________________ County at the above number and term on ______________, ________; and

WHEREAS, ______________________________ has been duly appointed as Personal Representative of the Estate of _______________________________, Deceased; and

WHEREAS, the Parties in interest under the Last Will and Testament of _________________, Deceased, are:

_____________________________

_____________________________

_____________________________

WHEREAS, each of the parties to this Agreement has been furnished with a complete listing of the estate assets, receipts and disbursements as set forth on the Accounting as attached hereto and marked as Exhibit “A”; and

WHEREAS, it is the desire of the parties to this Agreement that final distribution of this estate be accomplished without a formal accounting to the Probate Court of _________________________ it being the desire of the parties to avoid the expense, delay and publicity of a formal accounting; and

WHEREAS, the parties to this Agreement each acknowledge to have received a proposed Schedule of Distribution attached hereto and marked as Exhibit “B”; and

WHEREAS, each of the parties to this Agreement does acknowledge to have received from the Personal Representative in the sum of _______________________________________Dollars ($_________.00) as an advance distribution evidenced by Receipts for Distribution which are attached hereto and marked as Exhibits ___, ___, and ___.

NOW, THEREFORE, WITNESSETH, in consideration of the mutual promises, covenants and agreements recited herein the parties do agree as follows:

1. Each of the parties to this Agreement does hereby release and forever discharge ________________, Personal Representative, from any and all liability which may from time to time arise in connection with her service as Personal Representative of the Estate of __________________________, Deceased. The parties do further agree to indemnify and hold harmless said _______________, Personal Representative, from any and all liability which may arise against the estate from creditors or other claimants.

2. Each of the parties does hereby acknowledge receipt of the assets described on the Memorandum of Distribution attached hereto.

3. Each party to this Agreement acknowledges that this Agreement shall be indexed and recorded in the estate proceedings and that the terms hereof shall be binding upon their respective heirs, successors, administrators, and assigns.

4. This Agreement shall be governed by the laws of __________________________(State).

Dated at _________________________, ________________ this day of ____, 20______.

___________________________________________

___________________________________________

____________________________________________

____________________________________________

Please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated for my time by the site. (There should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic. )

Customer: replied 1 year ago.
I am sorry, but are you there ?
Expert:  Christopher B, Esq replied 1 year ago.

I am here.

Expert:  Christopher B, Esq replied 1 year ago.

Also please let me know if you have any further questions and please positively rate my answer if satisfied.

Customer: replied 1 year ago.
Thank you.
Expert:  Christopher B, Esq replied 1 year ago.

Was there anything else you needed or did my example give you what you needed?

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