- Jurisdiction
- Pennsylvania
Four siblings are co-tenants in common of their parents inherited home/property. Parents are both deceased. Two siblings are executors and two are beneficiaries.One beneficiary is living in the home and is my friend. Home is up for sale. The executors have sent the sibling living in the home a move out agreement that they want them to sign. Much of it is legalese and is hard to understand and was drafted by an attorney. It includes a release/waiver. A lawyer looked at this release and said it was outrageous and that the beneficiary would be giving up all their rights and would be forfeiting their inheritance if they signed it. The lawyer said that it was morally unethical for the executor's attorney to present such an agreement to a person who they knew was unrepresented. Was stunned by that and I am looking for another attorney who can second that opinion or who agrees with that assessment. What exactly does this release take away? If it forfeits the inheritance, what are the key words? Here is the text:
"Upon execution of this Agreement by the Parties, Susan, for herself and her heirs, successors, and assigns, does hereby forever release and discharge the estate, the Trustees and the Beneficiaries, the members, predecessors, successors, affiliated and related entities, affiliates, agents, attorneys, and each and every one of their successors, owners, employees, officers, heirs, executors, administrators, and assigns (hereinafter, collectively referred to as the "Releasees") of and from any and all claims, charges, suits, causes of action, debts, sums of money, accounts, reckonings, bills, claims for interest, claims for expenses and costs, specialties, covenants, complaints, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, demands, attorneys' fees and liabilities of any nature whatsoever, whether known or unknown, suspected or unsuspected, in law or in equity, civil or criminal, vested or contingent, which Susan ever had, now has or asserts, or which she or her heirs, executors, successors, assigns or administrators hereafter can, shall, or may have or assert against the Releases, for, upon, or by reason of any matter, cause of thing whatsoever from the beginning of the world to the date hereof, it being the intention herein to release the Releasees from any and all claims of any and every nature, whether known or unknown, unrestricted in any way by the nature of the claim including, though not by the way of limitations, any claims relating to or arising out of Susan's use and occupancy of the Property. Notwithstanding this provision, the Parties understand, acknowledge, and agree that Susan is not waiving or releasing any claims that may arise under this Agreement."
A second agreement was issued recently which pertains to Agent and buyers coming inside home. Beneficiary is immune compromised and at severe risk of Covid. A memorandum was drawn up with terms for these visitors to sign. Not including that memo, just the release clause. The language is a little different here:
"Upon execution of this Agreement by the Parties, Susan, for herself and her heirs, successors and assigns, does hereby forever release and discharge the Trust, the Estate, Charlie (individually), Kurtis (individually), Executors and, along with their predecessors, successors, affiliated and related entities, affiliates, agents (including but not limited to listing and buyer's real estate agents, their companies, employees and contractors), attorneys, beneficiaries and each and every one of their successors, owners, employees, officers, heirs, executors, administrators, and assigns (hereinafter, collectively referred to as the "Releasees") of and from any and all claims, charges, suits, causes of action, debts, sums of money, accounts, reckonings, bills, claims for interest, claims for expenses and costs, specialties, covenants, complaints, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, demands, attorneys' fees and liabilities of any nature whatsoever, whether known or unknown, suspected or unsuspected, in law or in equity, civil or criminal, vested or contingent, which Susan ever had, now has or asserts, or which she or her heirs, executors, successors, assigns or administrators hereafter can, shall, or may have or assert against the Releases, for, upon, or by reason of any matter, cause of thing whatsoever from the beginning of the world to the date hereof, it being the intention herein to release the Releasees from any and all claims of any and every nature, whether known or unknown, unrestricted in any way by the nature of the claim Notwithstanding this provision, the Parties understand, acknowledge, and agree that Susan is not waiving or releasing any claims that may arise under this Agreement.
Waiver of Warranties.
a. Releasees do not warrant adherence to the terms contained herein by any individuals entering the Property. Susan acknowledges that Releasees cannot be held responsible for any visitors' deviation from the terms contained in the Memorandum and/or herein.
b. Releasees do not warrant and/or guarantee that Susan will remain uninfected by COVID-19 and/or any other illness, virus, disease, and/or other medical condition.
"Upon execution of this Agreement by the Parties, Susan, for herself and her heirs, successors, and assigns, does hereby forever release and discharge the estate, the Trustees and the Beneficiaries, the members, predecessors, successors, affiliated and related entities, affiliates, agents, attorneys, and each and every one of their successors, owners, employees, officers, heirs, executors, administrators, and assigns (hereinafter, collectively referred to as the "Releasees") of and from any and all claims, charges, suits, causes of action, debts, sums of money, accounts, reckonings, bills, claims for interest, claims for expenses and costs, specialties, covenants, complaints, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, demands, attorneys' fees and liabilities of any nature whatsoever, whether known or unknown, suspected or unsuspected, in law or in equity, civil or criminal, vested or contingent, which Susan ever had, now has or asserts, or which she or her heirs, executors, successors, assigns or administrators hereafter can, shall, or may have or assert against the Releases, for, upon, or by reason of any matter, cause of thing whatsoever from the beginning of the world to the date hereof, it being the intention herein to release the Releasees from any and all claims of any and every nature, whether known or unknown, unrestricted in any way by the nature of the claim including, though not by the way of limitations, any claims relating to or arising out of Susan's use and occupancy of the Property. Notwithstanding this provision, the Parties understand, acknowledge, and agree that Susan is not waiving or releasing any claims that may arise under this Agreement."
A second agreement was issued recently which pertains to Agent and buyers coming inside home. Beneficiary is immune compromised and at severe risk of Covid. A memorandum was drawn up with terms for these visitors to sign. Not including that memo, just the release clause. The language is a little different here:
"Upon execution of this Agreement by the Parties, Susan, for herself and her heirs, successors and assigns, does hereby forever release and discharge the Trust, the Estate, Charlie (individually), Kurtis (individually), Executors and, along with their predecessors, successors, affiliated and related entities, affiliates, agents (including but not limited to listing and buyer's real estate agents, their companies, employees and contractors), attorneys, beneficiaries and each and every one of their successors, owners, employees, officers, heirs, executors, administrators, and assigns (hereinafter, collectively referred to as the "Releasees") of and from any and all claims, charges, suits, causes of action, debts, sums of money, accounts, reckonings, bills, claims for interest, claims for expenses and costs, specialties, covenants, complaints, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, demands, attorneys' fees and liabilities of any nature whatsoever, whether known or unknown, suspected or unsuspected, in law or in equity, civil or criminal, vested or contingent, which Susan ever had, now has or asserts, or which she or her heirs, executors, successors, assigns or administrators hereafter can, shall, or may have or assert against the Releases, for, upon, or by reason of any matter, cause of thing whatsoever from the beginning of the world to the date hereof, it being the intention herein to release the Releasees from any and all claims of any and every nature, whether known or unknown, unrestricted in any way by the nature of the claim Notwithstanding this provision, the Parties understand, acknowledge, and agree that Susan is not waiving or releasing any claims that may arise under this Agreement.
Waiver of Warranties.
a. Releasees do not warrant adherence to the terms contained herein by any individuals entering the Property. Susan acknowledges that Releasees cannot be held responsible for any visitors' deviation from the terms contained in the Memorandum and/or herein.
b. Releasees do not warrant and/or guarantee that Susan will remain uninfected by COVID-19 and/or any other illness, virus, disease, and/or other medical condition.
