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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 30310
Experience:  29 years in civil, probate, real estate, elder law
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I was named in a relatives will for a specific dollar bequest.

Resolved Question:

I was named in a relative's will for a specific dollar bequest. After I returned the Receipt and Release, the executor (who also happens to be an estate lawyer and, it turns out, probably has a conflict of interest), said that she made a calculation error and nearly half of my bequest was due to the widow of my relative (this is New York State: spousal right of election). The executor returned my Receipt and Release, as well as a check for about half of the dollar amount of my bequest, saying that that is all I'm due, but without giving a full accounting/explanation as of yet. I have a relative, also named in the will, who is being represented by an attorney and is investigating, but the info is very slow in coming; the executor is not forthcoming. Meanwhile, as we eke out this info: AM I ABLE TO DEPOSIT THE CHECK? I was initially told by my relative's lawyer not to--and so I didn't, for several weeks--but now he says that I can, and that if I'm due more, depositing the check will in now way compromise my ability to pursue this issue legally. I hate having a check for so large an amount just sitting, gathering dust.

1) Is there any possible way that depositing the check could compromise my position and eliminate my chance to further pursue this issue legally?
2) Does the signing of the initial Receipt & Release, which clearly states the full dollar bequest made in the will, and then depositing a lesser check somehow compromise my position to pursue legally?

Again, this is New York state, in case that makes any difference. Many thanks.
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

Customer:

Hello and good evening.My name is XXXXX XXXXX I will be assisting you tonight.

Customer:

You would be able to deposit the check without waiving your rights to seek any additional monies.

Customer:

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.

Customer:

And your release here was returned to you since you did not get full payment .

Customer:

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.

Customer:

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 .

Customer:

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.

Customer:

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.

Customer:

I think you were given good information here and by sending the letter you set out your position in all of this.

Customer:

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.

Customer :

Thanks so very much for all this info. I appreciate it!

Ray, Lawyer
Category: Legal
Satisfied Customers: 30310
Experience: 29 years in civil, probate, real estate, elder law
Ray and 6 other Legal Specialists are ready to help you
Expert:  Ray replied 1 year ago.

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.

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Ray
Ray
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29 years in civil, probate, real estate, elder law