What happen if I refuse to sign off of the final report of the Will? 14 Answers as of April 24, 2014

What happens then that is what I am planning on doing? It is not fair for all I will never sign off.

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Stephens Gourley & Bywater | David A. Stephens
The judge will likely hold a hearing to find out what everyone's concerns are.
Answer Applies to: Nevada
Replied: 4/24/2014
Ronald K. Nims LLC | Ronald K. Nims
The distribution of property from a will doesn't have to be fair, it has to be what the deceased wrote down. If you refuse to sign, the court will approve it without your signature, if your objection is frivolous and the court has to hold a hearing because you're being a petulant child, there is always the possibility that the court which find you in contempt. Particularly, if you whine and whine about it at the hearing.
Answer Applies to: Ohio
Replied: 4/22/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
If you are talking about a probate proceeding, the only one who needs to sign is the personal representative. You can file objections.
Answer Applies to: California
Replied: 4/22/2014
Danville Law Group | Scott Jordan
The matter will be presented to a local judge who will decide whether the settlement is fair or not. You will have the opportunity to explain your concerns.
Answer Applies to: California
Replied: 4/22/2014
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
The executor will petition the court for an order substituting the court signature based on your refusal to sign of on the final discharge of probate administration.
Answer Applies to: California
Replied: 4/22/2014
    Gates' Law, PLLC | Thomas E. Gates
    You will have to file a motion challenging the Declaration of Completion within 30 days of filing. Failing to do so will be the same as accepting the filed document.
    Answer Applies to: Washington
    Replied: 4/22/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    Usually the executor gets approval from the court to distribute. Your approval is not needed in Nevada.
    Answer Applies to: Nevada
    Replied: 4/22/2014
    Frederick & Frederick PLC | James P Frederick
    I am not quite sure what you mean by "the final report of the Will." If you are referring to the final account, in a probate case, there is no requirement that you "sign off," as far as the court is concerned. You are entitled to receive a copy of this document. If there is a hearing scheduled to have the court approve the document, then you can object to it being approved. You can object, even if there is not a hearing, (in most cases there would not need to be a hearing). In that case, the court would schedule a hearing. It is fairly common to include a waiver and consent form with the final account and to indicate that the final distribution check will be retained, until you sign the waiver. This is done, in part, because the Personal Representative is entitled to defend himself/herself with funds from the estate. If there are no objections, the funds are distributed to the beneficiaries. If there are going to be objections, (or there COULD be objections), then the PR is smart to retain the funds, just in case. It is unclear what your objections are and whether or not they are valid. If you have concerns about the way the estate has been administered, your best course of action is to meet with an attorney to review the entire situation and determine how best to proceed.
    Answer Applies to: Michigan
    Replied: 4/23/2014
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    Your refusal to sign off could be interpreted as an Objection which could result in a hearing.
    Answer Applies to: Colorado
    Replied: 4/22/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Then there will be a hearing before the judge and he or she will order that the will be followed, and if it was and you believe it unfair, you will lose.
    Answer Applies to: Idaho
    Replied: 4/22/2014
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    Likely, the executor will request a hearing in the probate court in which you will be given the opportunity to state why you don't think the assets of the estate were properly distributed. FYI: assets don't necessarily have to be distributed "fairly"; they just need to be distributed according to the terms of the will.
    Answer Applies to: Nebraska
    Replied: 4/22/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    If you will not sign off the matter will be taken to the probate court for a hearing and the judge will make a determination. I would suggest that you take your complaints and issues to your own attorney and determine whether or not you are within your rights.
    Answer Applies to: Michigan
    Replied: 4/22/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    If you refuse to agree to the final report and distribution of the will that is subject to probate the representative will still be able to close the estate. The representative will have to go through a different process with notice and hearing and you will have an opportunity to file a formal objection. The time and extra expense involved may result in a lower distribution to all heirs and a delay in receipt of the distribution by the heirs. If you accept the distribution based upon a report that you do not approve you may jeopardize your opportunity to effectively object to the report.
    Answer Applies to: Illinois
    Replied: 4/22/2014
    James Law Group
    James Law Group | Christine James
    If you don't file an objection, it does not matter whether you sign off on it or not - the court will likely order it. Show the final petition and accounting to an attorney ASAP. You only have a certain amount of time to object.
    Answer Applies to: California
    Replied: 4/22/2014
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