Hello and good evening.My name is XXXXX XXXXX I will be assisting you tonight.
You would be able to deposit the check without waiving your rights to seek any additional monies.
In New York it is possible to seek an accounting in probate and also dispute the amount here of benefits due you under the will.Accepting the check does not waive those rights.
And your release here was returned to you since you did not get full payment .
They cannot use that against you because it recites incorrect information.You ended up with only a partial payment and certainly seek the remainder of any funds that are due to you.
And you may want to send a written letter to the executor accepting the partial payment but not waiving your right to seek a full accounting and full payment under the terms of the will.Putting this in writing here sets out your position and you can also copy the probate court as well.This again shows you only got a partial check and did not waive your rights .
Overall sending such a letter and depositing the check here makes the most sens while preserving your right to seek a full accounting and the remainder of the funds.
You may want to also make use of the lawyer to prepare such a letter and seek an accounting here and the remaining funds as well.
I think you were given good information here and by sending the letter you set out your position in all of this.
I appreciate the chance to assist you tonight.It has been my pleasure to do so.Please let me know if you have more follow up. Thanks again.
Thanks so very much for all this info. I appreciate it!
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