Have Legal Questions? Ask a Lawyer Now.
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!
Thank you for your positive rating of my service to you. Let me know if you need more help or have future questions. I will be here for you. Just ask for me by name at the start of your question - "Ray" . Best wishes and good luck to you.If it is not too much trouble, when you receive a Customer Satisfaction Survey from JA/Pearl in a day or two, please consider rating me highly (9 or 10). It affects my ability to continue to assist you and other customers on JA/Pearl and would be most appreciated.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).