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If anyone knows any legal stuff, I need info quick..not car related.

Old 09-22-2005, 09:33 PM
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Default If anyone knows any legal stuff, I need info quick..not car related.

My father passed away a few years ago without a will, so we have had to go through the courts etc. Estate is going to close now(land and money left over after fees). I was sent some papers today from the laywer that my brother retained 3 years ago(he is the executor of the will since he lives in the area). 1 is a Waiver of Filing Declaration of Completion that says I need to sign and 1 is a reciept of disributive share I need to sign. they just came today and Estate is going in for final closing tuesday, so I have to have them in the mail ASAP Friday, so if anyone knows what these mean I would appreciate it. Scares me to just sign these when there is around $150,000 at stake and I couldn't get ahold of the attorney today. The thing that confused me is it doesn't even say what the distributive share is, so I'm not sure what it means(almosts sounds like I am signing over my share, but I'm sure it doesn't mean that, most likely is the money that was sent out to pay bills etc..
Old 09-22-2005, 09:45 PM
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If you have questions or doubts about signing anything legal, I would suggest talking with a lawyer, you will sleep better.
Old 09-22-2005, 09:56 PM
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Yes I agree, but is time sensitive and in WA state if anyone passes away without a will, this should be a standard way of doing it, so was checking if someone could give me quick info. I will try and call the attorney in the morning and if not that one another one just for peace of mind
Old 09-22-2005, 11:01 PM
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never sign anything via mail...unless you fully undersatnd what it is.

It sounds like a waiver is giving up your right to the estate...
The receipt of distribution have you received anything from the estate as of yet??

IMHO i would get my own legal counsel not one somebody else hired.

I'm sure it is all on the up and up but protect yourself.



Here is a link that may help

http://www.probate-litigation.com/
Old 09-22-2005, 11:09 PM
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I'm not a lawyer, but it sound to me like those are the final documents related to this case, as in when you sign, that's the end of it.
I was my grandmother's guardian/conservator while she had money and was in a nursing home, until she ran out of money to pay for being in a nursing home.
It sounds like your brother's attorney is trying to get around having to do the final accounting etc. statement for the court as to where all the assets went. I could be wrong, but if I'm right, he may be trying to pull a fast one on you and/or your brother. Stuff like that happens all the time. There's a reason why some lawyers have built the reputation that they have given all lawyers.
The receipt sounds like you're signing something to tell the court that you got your share of the distribution of whatever's left over. If I hadn't received anything I sure as hell wouldn't sign something to state that I did if I were you. Isn't there a list of what you got in that document somewhere? Did you get what it says you got?
Best advice, C.Y.O.A.!!! Talk to an attorney, and have him look over all the documents you have. Everything has to add up.
It's kinda shi^^y of that lawyer to put you under the gun right at the deadline, isn't it? Doesn't that make you suspicious? It would bother me.
Yes, I'm a pessimist. But on the rare occasion when I'm wrong, it's a happy thing.

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Old 09-22-2005, 11:20 PM
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Originally Posted by maximental
I'm not a lawyer, but it sound to me like those are the final documents related to this case, as in when you sign, that's the end of it.
I was my grandmother's guardian/conservator while she had money and was in a nursing home, until she ran out of money to pay for being in a nursing home.
It sounds like your brother's attorney is trying to get around having to do the final accounting etc. statement for the court as to where all the assets went. I could be wrong, but if I'm right, he may be trying to pull a fast one on you and/or your brother. Stuff like that happens all the time. There's a reason why some lawyers have built the reputation that they have given all lawyers.
The receipt sounds like you're signing something to tell the court that you got your share of the distribution of whatever's left over. If I hadn't received anything I sure as hell wouldn't sign something to state that I did if I were you. Isn't there a list of what you got in that document somewhere? Did you get what it says you got?
Best advice, C.Y.O.A.!!! Talk to an attorney, and have him look over all the documents you have. Everything has to add up.
It's kinda shi^^y of that lawyer to put you under the gun right at the deadline, isn't it? Doesn't that make you suspicious? It would bother me.
Yes, I'm a pessimist. But on the rare occasion when I'm wrong, it's a happy thing.

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I'm with you...if it's been a couple years already, then why are they waiting until the last second. I'd definitely be Suspicious if I were you...
Old 09-22-2005, 11:45 PM
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It sounds like he is trying to stampede you. There is no way signing should be made a rush for you. Estate settlements are easy vehicles for legal theft. You must be very very wary. It would be money well spent to hire your own lawyer, if the stakes are the amount you specified.

My degree is not in law but my interpretation is:

The waiver of completion implies that you are waving the need to file. The other implies you have recieved your share

Last edited by esoteric; 09-22-2005 at 11:54 PM.
Old 09-22-2005, 11:49 PM
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Rotwiler! I can call my friend first thing in the AM, if you are interested and he can give me the number to his lawyer... he is supposedly really good at this type of stuff. Let me know if you are interested...
Old 09-23-2005, 12:29 AM
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Originally Posted by MrPongoSS
Rotwiler! I can call my friend first thing in the AM, if you are interested and he can give me the number to his lawyer... he is supposedly really good at this type of stuff. Let me know if you are interested...
Sure, send a email to me if you could or pm me.

I looked it up on the net, but the info is confusing, it is a standard forum, but never really goes into what it actally means. I haven't recieved a penny as of yet and there is no list of what I will recieve so is kinda confusing to sign away rights and not know what I'm signing. I think it is a paper signing away any complaints I may have with the estate and the distibutive share may be personal items and household items I recieved a few years back when we split everything. The big thing is 2 1/2 acres of land in Renton that is going to be sold and money split between me and my brother and sister. The reason the estate has been in court for 3+ years is by choice, we put the estate money in a money market account to offset attorney fees and waited until 2005 due to a WA inheritance tax loophole. This year WA stopped the inheritance tax.
Old 09-23-2005, 12:42 AM
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Originally Posted by rotwiler
My father passed away a few years ago without a will, so we have had to go through the courts etc. Estate is going to close now(land and money left over after fees). I was sent some papers today from the laywer that my brother retained 3 years ago(he is the executor of the will since he lives in the area). 1 is a Waiver of Filing Declaration of Completion that says I need to sign and 1 is a reciept of disributive share I need to sign. they just came today and Estate is going in for final closing tuesday, so I have to have them in the mail ASAP Friday, so if anyone knows what these mean I would appreciate it. Scares me to just sign these when there is around $150,000 at stake and I couldn't get ahold of the attorney today. The thing that confused me is it doesn't even say what the distributive share is, so I'm not sure what it means(almosts sounds like I am signing over my share, but I'm sure it doesn't mean that, most likely is the money that was sent out to pay bills etc..
this may be totally off base, but in my recent divorce i was sent a waiver that sounds like yours. Get a lawyer, and do it fast, if i woulda signed my waiver i would have been screwed. remember the lawyer works for you, but greed runs deep in a lot of people. i would get a second opinion, good luck.
Old 09-23-2005, 01:03 AM
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I am going through a lot of legal stuff as executor of my mom's estate right now. My attorney is Peter Lewicki in Seattle. His phone number is 206.749.0795 and tell him Howard Penney recommended him to you. He should be able to help. And I would do it first thing in the morning.
Old 09-23-2005, 01:08 AM
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Yes definitely consult a lawyer ASAP... I've got a situation going on with a will as well, I'm still due a hefty chunk of change, which the other legal team is dragging their feet on. Its your inheritence, so if you have any doubts at all, make sure you're consulting with someone that is good with those types of legal actions.


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