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LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 9905
Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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Does the Receipt and Release, signed by a beneficiary in an

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Does the Receipt and Release, signed by a beneficiary in an informal accounting situation, get filed with the Surrogate's Court? And must the beneficiary executed anything other than the Form JA-2 in that situation (as opposed to a beefed up, affirmation heavy, customized Receipt and Release from the Executor?
JA: Since laws vary from place to place, what state is this in?
Customer: New York
JA: What documents or supporting evidence do you have?
Customer: The Surrogate's Court's accounting schedules and tax returns for the estate (and a testamentary trust that is being closed out as well).
JA: Anything else you want the lawyer to know before I connect you?
Customer: No.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Thank you for your patience as I reviewed this and obtained the necessary information.

The Receipt and Release (located on page 7) is to be attached to the Affidavit by Fiduciary (I am including links to the documents but they may be from other counties)

Prior to obtaining the release, the executor needs to prepare a summary of estate transactions, and make copies available to the beneficiaries, in regards ***** ***** account information, and other relative financial information.
Basically the more disclosure the better, as the beneficiary cannot later argue that they were not informed of the status (ie that the executor's "fraud" in failing to disclose prevented the beneficiaries from accessing the information, which would allow the court to extend the time for challenging the proceeding).

I am not sure if you have this but here is a checklist of the process.

Further questions? Please post here to continue the chat.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

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