[WSBAPT] Receipts for distribution from estate

Tue Aug 29 09:19:00 PDT 2017

I agree with Heather.  I never ask anyone to sign a receipt saying they received something before they receive it.  I usually send them the accounting with the proposed distribution plan and a pleadings to sign saying they have reviewed and approve the accounting/distribution plan, and the actions of the PR.  Once I get all of those back, the PR distributes and we send receipts.  I tell the PR to keep proof of checks mailed and cashed in the event anyone doesn't return a receipt.

Donna

Donna M. Calf Robe
Attorney at Law
Brothers Henderson Dussault, P.S.
2722 Eastlake Avenue East, Suite 200
Seattle, Washington 98102
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Fax: (206) 324-3106
e-mail:  donnac at bhdlaw.com<mailto:donnac at bhdlaw.com>
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Heather deVrieze
Sent: Tuesday, August 29, 2017 8:43 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Receipts for distribution from estate

It's not that they think the lawyer isn't trustworthy. . . . More like "My sister/brother/uncle is such a conniving, lying, thieving _____________ any lawyer who would take their word for anything must either be stupid, or a conniving, lying, thieving ____________ themselves."

Or something like that. I have heard it more than once, and frankly it simply had not occurred to me to ask someone to sign a receipt prior to actual receipt, before I heard that other attorneys were using this process.

Heather

Heather S. de Vrieze
Attorney-at-Law
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3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Lisa E Schuchman
Sent: Monday, August 28, 2017 3:38 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Receipts for distribution from estate

Heather, are there really people who don't trust lawyers?

Lisa E. Schuchman
206-960-4212
www.lisaschuchman.com<http://www.lisaschuchman.com/>

I learn, I give. - Gloria Steinem

NOTE: I do not use encrypted email.  Messages sent to or from my office via email are not secure and may not be protected by attorney-client privilege. This email address is not monitored at all times.  If your matter is urgent, please phone my office during regular business hours.

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Heather deVrieze
Sent: Monday, August 28, 2017 2:21 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Receipts for distribution from estate

I know Lisa is not alone in requesting signed receipts before distributing funds, so it must work, but. . .
I would be unlikely personally to sign such a receipt, and generally advise any beneficiary seeking my advice that they better be darn sure they trust the Personal Representative and their attorney because what would be their recourse if the check never arrives.

I have a few ways I handle final receipts, and some of them require beneficiaries to sign something ahead of getting their check, but, never a receipt before they have the check in hand.

I also find that if you have a decree of distribution that specifies amounts, and you have a cancelled check (perhaps with "in full distribution Sally Smith Estate") for that amount, there isn't any argument that the distributions weren't made.

Heather

Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D013C2.30F35160]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Lisa E Schuchman
Sent: Monday, August 28, 2017 12:42 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Receipts for distribution from estate

Rich,

When possible, I send Receipts out for signature and send checks only after I receive the Receipt.  If heirs are local, I will arrange for an in-person exchange.  On occasion I have relied on an endorsement on a check as proof of receipt.

Lisa E. Schuchman
206-960-4212
www.lisaschuchman.com<http://www.lisaschuchman.com/>

I learn, I give. - Gloria Steinem

NOTE: I do not use encrypted email.  Messages sent to or from my office via email are not secure and may not be protected by attorney-client privilege. This email address is not monitored at all times.  If your matter is urgent, please phone my office during regular business hours.

Any tax advice included in this document and its attachments was not intended or written to be used, and it cannot be used, for the purpose of avoiding penalties under the Internal Revenue Code.
P  Please consider the trees before printing this document

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of J Richard McEntee, Jr.
Sent: Monday, August 28, 2017 12:32 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Receipts for distribution from estate

Hello listmates

I recently filed a petition for decree of distribution. Following a hearing on my petition, I obtained an order discharging the PR upon filing of receipts from each of the heirs and beneficiaries. Can someone share with me the process by which you typically send checks and receipts to heirs? I am thinking that I would use regular mail and enclose the check, a receipt, and a stamped return envelope along with a cautionary letter that the beneficiary is not authorized to cash or deposit the check until such time as they have signed and returned the receipt? Are there other better ways to handle this such that I am likely to receive the receipts back?

Rich

RICH McENTEE
McENTEE LAW OFFICE
3800 Bridgeport Way W, Ste A411
University Place, WA 98466
253.227.9894(m)
jrmcentee at gmail.com<mailto:jrmcentee at gmail.com>

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