Ask SAM: How can we close on my mother's estate when one of the heirs refuses to sign?
October 20th, 2023 by admin
Question:
My sister and I are co-executors for our mother’s estate. We are ready to close and have written checks to each heir, with a form from the clerk’s office to be signed stating that the check has been received. All have accepted, except one brother. He refused to sign the form, so his check was not left with him. What can we do now in order to complete the closing? – M.R.H.
Answer:
Mike Wells, a local attorney explained what can be done in this type of situation.
“Without knowing the heir’s reason for refusing the check, it is hard to offer an exact solution. Normally, the final receipt in an estate not only acknowledges the receipt of a distribution, but it states the beneficiary has reviewed and approved all the accountings that have been filed.
“The Clerk of Court generally will not allow the estate to be closed without this final receipt, so I would try to resolve the underlying issue for the heir’s refusal to sign. If the beneficiary refuses to sign simply for spite, explain that to the clerk to see if you can pay the proceeds to the Clerk on behalf of that beneficiary and ask the Clerk to approve the closure of the estate.
“The executor should agree, however, to write the heir and tell him his share will be released to him if he will sign the necessary paperwork. A copy of this letter should be included in the file.”
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