What are a beneficiary’s rights to their lawful distribution?

UPDATED: Oct 2, 2012

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What are a beneficiary’s rights to their lawful distribution?

My brother is the executor of my father’s Will. In it it specifies that assets are to be divided equally among his 3 sons. My brother said that I must send him a notarized letter stating that I will not sue him on how he executed the will before he will send me any money. He will not specify the amount that he will send. Do I have to send him such a letter?

Asked on October 2, 2012 under Estate Planning, Louisiana


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss and no, you do not.  You have many rights as a beneficiary under a Will and your brother has a fiduciary responsibility that he can not have you waive by signing a notarized letter.  I really think that you should speak with an attorney in your area about the matter in detail and to keep an eye on things for you.  Good luck.

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