With regards to an inheritance from a Will, if the attorney stated in the papers to be signed that I have received $X amount but I haven’t yet gotten the money, should I sign?

I have to have to sign it in front of a notary as if I have already received the money which I have not. So is the wording correct or should I not sign it ? It also states that he and the executive shall receive $X amount.

Asked on July 21, 2015 under Estate Planning, Tennessee


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If they hand you a check, the check is for that amount, then you can and should sign a document saying that you have received the funds.  If you have not received the funds.... then don't sign the documents.  Once you do, you are representing to the probate court that your claim to the estate has been paid.  If you want to contest the non-payment later, you will be facing an uphill battle because you signed and swore under oath that you had received the funds.  Good rule of thumb for any legal document is to never sign a document that isn't true.

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