Fill and Sign the Agreement between Heirs and Third Party Claimant as to Division of Estate Form

Agreement Between Heirs and Third Party Claimant as to Division of Estate Agreement made on the ____ day of ____________________________, 20____, between _______________________________________________________ (Name of Claimant) of ____________________________________________________________ ________________________________________________________________________ ___________________________ (street address, city, county, state, zip code), referred to herein as Claimant, ____________________________________________________ (Name of First Heir) of ____________________________________________________ ________________________________________________________________________ ____________________________ (street address, city, county, state, zip code), referred to herein as First Heir, and _________________________________________________ (Name of Second Heir) of __________________________________________________ _______________________________________________________________________________________________________ (street address, city, county, state, zip code), referred to herein as Second Heir.Whereas, _________________________________________________ (Name of Decedent), formerly of _____________________________________________________ _______________________________________________________________________________________________________ (street address, city, county, state, zip code), died intestate on __________________________________ (date of death), leaving ______________________________________________________ (Name of First Heir) and ________________________________________________ (Name of Second Heir) as his sole and only heirs at law; and Whereas, Claimant, although not an heir at law of the Decedent, served Decedent without compensation for many years, and until the death of Decedent, in the capacity of (describe capacity of Claimant)_____________________________________________ ________________________________________________________________________ ____________________________________________________________________, and asserts a claim against the estate of Decedent for the value of such services;Now, therefore, for and in consideration of the release by Claimant of any claims that such Claimant might have against Decedent's estate, or any part of the estate, and in further consideration of the release of all claims which First Heir and Second Heir have to or against the estate, the undersigned agree as follows: 1.Division of Estate The estate of Decedent, both real and personal, after all debts, expenses of administration, including reasonable attorney's fees for administering this settlement, and all taxes, including inheritance and estate taxes, have been paid, will be divided in three equal shares, one share to be allotted to each of the parties to this Agreement. 2._______________________________________________________ (Name of Administrator), hereinafter called Administrator, will be appointed to administer the estate of Decedent, and proceed with the settlement of the estate. The Administrator will have sole discretion with respect to the types of personal and real property that will be allotted to each of the shares designated above in Paragraph 1.3.Governing Law This Agreement will be governed by, construed, and enforced in accordance with the laws of ________________________________________________ (name of state). 4.Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 5.Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 6.Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 7.Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 8. Counterparts This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. WITNESS our signatures as of the day and date first above stated. ____________________________________Signature of First Heir____________________________________Signature of Second Heir ____________________________________Signature of Claimant STATE OF ______________________________________________COUNTY OF __________________________________Personally appeared before me, the undersigned authority in and for the said County and State, on this ____ day of __________________________________, 20___, within my jurisdiction, the within-named ______________________________________ (Name of First Heir), who acknowledged that he executed the above and foregoing instrument. ______________________________NOTARY PUBLIC My Commission Expires:______________________STATE OF _____________________________________________COUNTY OF ______________________________Personally appeared before me, the undersigned authority in and for the said County and State, on this ____ day of _________________________________, 20___, within my jurisdiction, the within-named ______________________________________ (Name of Second Heir), who acknowledged that he executed the above and foregoing instrument. ______________________________NOTARY PUBLIC My Commission Expires:______________________ STATE OF _________________________________________COUNTY OF _________________________________ Personally appeared before me, the undersigned authority in and for the said County and State, on this ____ day of __________________________________, 20___, within my jurisdiction, the within-named ______________________________________ (Name of Claimant), who acknowledged that she executed the above and foregoing instrument. ______________________________NOTARY PUBLIC My Commission Expires:______________________