What should I do if an heir refuses to sign informal settlement paper after he has cashed his inheritance check?

UPDATED: Oct 18, 2011

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What should I do if an heir refuses to sign informal settlement paper after he has cashed his inheritance check?

I was executrix of an estate and waited a 6 month period as required by state law paid all bills and all 5 heirs agree to an informal settlement money of the heirs signed the informal settlement 1 agreed too sign took his inheritance check cashed it and now he is refusing to sign informal agreement. What should I do? I would like to settle this estate it has been 8 1/2 months since I filed the estate

Asked on October 18, 2011 under Estate Planning, Kentucky


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

What should have happened first was to have the settlement agreement signed by all of the heirs before the inheritance checks were issued. This would have prevented the situation that you are in.

To solve the problem, you or your attorney need to write the one heir who cashed the inheritance check advising him or her that the settlement agreement needs to be signed, dated and returned to you by a set date and if not, you will file a motion with the court to order the agreement signed by him or her and that if you have to file the motion, you will be seeking the attorneys fees incurred for the motion.

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