Legal Question

[Sirrahsim]

Last year my husband's great aunt died and we received word that he was named as a beneficiary in her will. Today we finally got the letter in the mail from the lawyers office but it is weird. There is a photo copy of a check written out to my husband for the correct amount, but in order to actually GET the check we have to sign a receipt and release letter and mail it back to the lawyer's office. To paraphrase the letter it basically says
I acknowledge that I have received the amount of $xx from this person's trust, as well as all the appropriate paperwork. I hereby release the trustee of any further claims or liability...

Doesn't it seem weird to have to sign a letter saying that we got the money before we actually have the money??

[caseysmom]

I wouldn't sign it, I was executor on my brothers estate and we did not do that I just sent the checks out.

[Maya & Inka's mommy]

I wouldn't trust that, Missy! Whatever you do, do NEVER sign a message like this!! It might bring you into lots of misery!!
Cannot you contact thelaywers office and ask more information? If the message IS genuine, they will give you any information you need; they surely won't feel "attacked" by your queustion then!

Good luck :)

[moosmom]

Call your lawyer. Don't take ANY chances.

[jennielynn1970]

that sounds fishy... what is the date of the check in the photocopied letter?? wondering if maybe they're saying you already got it??

[Sirrahsim]

It spells out in the beginning of the letter that they have enclosed a copy of the check and once they have received our release letter they will mail out the check.

I think I'll run this by the legal office here on base tomorrow.

it's dated July 15, 2008

[smokey the elder]

Something doesn't seem right here.

[jennielynn1970]

If it were me, I'd drive to the office. Make sure the check was in front of me, sign their letter, and take the check.

And then not use that office again.

It just sounds too fishy.

[Sirrahsim]

The office that is handling her estate is in Wisconsin where she lived :( We don't actually have a lawyer.

[Jessika]

Call someone legal to get a second opinion, because that just doesn't sound right... have you tried calling them to ask why? And let them know you do not feel comfortable signing something that states you've received the money when you haven't.

[Freedom]

VERY bizarre! Normally, the check would be included, the photocopy stays in the LAWYER'S file. Don't sign it.

[shepgirl]

I agree. Do not sign it, someone will be getting the money and it won't be you if you sign tht. When I recieved word that I was benefieciary of my uncle's will it wasn't done this way. Take this to your lawyer.

[Husky_mom]

like with any legal paper... the copy stays at the lawyer.. signed to make sure YOU received the ORIGINAL... whihc in this case you haven´t... sooo DON´T sing... call them to see why they didn´t mailed the REAL one to you...

no matter if you don´t have a lawyer... I´m not sure if there are available there but here law schools often have free services which you can use in this type of cases...

OR... just call tehm and let us know.. I know a few members are lawyers here.. I´m sure they could help you out understanding legal terms and such..

[jennielynn1970]

The office that is handling her estate is in Wisconsin where she lived :( We don't actually have a lawyer.

Oh, gosh. Sorry. Didn't realize it was that far away.

Can you have someone you know who is in the legal practice, or works with someone in such a practice, take a look at it? Maybe go to someone and ask for a consult?

[Sirrahsim]

I can go to the legal office here on base and ask them. I'll try to do that tomorrow and/or call this law office and tell them that we'll sign the form once we actually have the check.

[Cataholic]

Sign it, it is totally 'legit', and done all the time this way. The executor of the estate needs a receipt of all moneys disbursed. You can imagine how many people 'forget' to sign the receipt once the check is sent.

If you think about it, most things require a signature first, then the presentment of the check. Personal injury cases always get signatures first before disbursement. You finance a house...signing the mortgage first, then the loan funds, etc.

Course, this is just my opinion, and we don't have a legal relationship, and you should always consult with an attorney in your state, etc.

[caseysmom]

I was aministrator on my brothers estate and did not do that.

[Cataholic]

How did this ever work out?