In the Salz motion, the alternative court found that the terms of a petentin receipt, release and exemption agreement excluded their claims to an investigation and turnover in accordance with SCPA 2103. The proceedings had…
In the Salz motion, the alternative court found that the terms of a petentin receipt, release and exemption agreement excluded their claims to an investigation and turnover in accordance with SCPA 2103. The proceedings had been brought against the surviving spouse of the deceased, by one of the sons of the deceased from a previous marriage, who he said was a beneficiary. Prior to the deceased`s death, including her husband, who was his curator, had been the subject of a controversial accounting procedure in which the petitioner and his brother had questioned the relevance of their trust. In a relevant section, they claimed that the con artist`s spouse was not responsible for all of their father`s artworks. This dispute lasted several years after the death of the scammer, on that date it was resolved under the terms of a “settlement and commitment agreement”, including that the con artist`s spouse “individually and in his capacity as a curator and in any other capacity … of all the claims they have had now or never” on their payment of a secure sum. Well, the first part there, the beneficiary confirms the getting the money. It is not complicated. It`s just with a written receipt. Well, I received $50,000 from a trust. The second part is more important.
The agent is the director of a trust. The agent is the one who makes cheques to the beneficiaries. So the agent manages the trust and makes sure that the money goes to the people who have to have it. Now, if the attorney makes a check to someone, it is a proven method for them to ask that person not to sue the Trust later and accept that “Hey, in exchange for that money, we`re just square. It`s even us. Nothing owes you anymore. The surrogate`s Court statement in New York County in In re Bronner, NYLJ, on January 21, 2016, p. 32, is instructive. Three contentious mandatory accounting proceedings were pending before the Tribunal, in which the respondent/agent refused discharge on the grounds that the petitioner/beneficiary pre-executed receipts and released him from liability. The petition sought a summary judgment in which it stated in part that the releases had not been obtained fairly from it, since the agent would have disclosed and explained the transaction insufficiently.
Perhaps the receipt and release copies to the recipients are identical amounts. This is why the account in the clearer discount account of receipt and the sharing form to the beneficiaries agree that they reach the different trusts. Arguing that my grandmother is dead may still be willing to free up time and receipt to recipients with use management with our options for. Notwithstanding the disclosure form to be followed, recipients will be cautious about the payments and information required for the full list until the form is received. The names of agents who do not have all the assets should also have better experiences before the sum of the estate as receipt and benefit with the right can now be clear! Serious problems in managing the reception and form of beneficiaries.