In NJ is it mandatory for beneficiaries to sign a form for inheritance being distributed
<p>In NJ is it mandatory for beneficiaries to sign a form for inheritances being distributed in Burlington County, NJ</p>

<p>Executors distributing inheritances frequently condition distribution of an inheritance upon your signature of a receipt and release, that disavows any right to bring suit related to the estate after signing it.</p>
<p>One of the reasons that this is done is in the hope of dispensing with the cumbersome process that costs the estate money and delays distributions, of having to formally close a probate estate (New Jersey has arguably the most onerous and costly probate system in the world), by bringing a petition to the court of probate jurisdiction seeking court approval in advance for a final accounting of the estate and for every final distribution which must then be approved following a notice and hearing. People who receive notice and don't object by the objection deadline in advance of the hearing are bound by the ruling, and anyone with a potential objection to the distribution or concern about the manner in which the estate has been administered needs to raise it then.</p>
<p>When an estate is closed in this manner, no further judicial proceedings can be brought except a motion to set aside judgment brought within a fairly short court rule set deadline for raising irregularities involved in the entry of a judicial order (of any kind, not limited to probate) discovered shortly after the the judgment is entered (e.g. clerical error, newly discovered evidence of misconduct, etc.).</p>
<p>But in addition to the goal of reducing expenses for the estate, a receipt and release also provides a subtle and honestly unfair release of the executor of liability for misconduct by the executor that may have been unknown at the time. The release is signed when the executor doesn't even provide the full scope the information that would be available if a full final accounting and final distribution order had been proposed to a court for approval after notice of hearing, although some informal disclosure is usually provided.</p>
<p>Also, if you refuse to sign a receipt and release, while everyone else in the estate does, and then there is a formal closing of the estate at which you don't end up objecting, because it turns out that everything was done properly once you have full disclosure, it wouldn't be uncommon for the executor to move to apply all of the cost to the estate of the formal closing to your distributive share and to be successful in doing so unless you can state a good faith reason for not simply signing off on releasing the executor.</p>
<p>So, in conclusion, no, it is not mandatory, and you can force an unconditional distribution of your inheritance without signing it. But executors are allowed to ask for one, and almost always do, even though the process stinks of impropriety.</p>
<p>This leaves you with a couple of less than great choices (unless you already know that there is an error in the amount to be distributed to you or you already know that the executor has engaged in misconduct, in which case it is an easy choice and your share will not be charged when you successfully raise the issue with the court).</p>

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