Wednesday, December 31, 2014

My brother is executor of my mother's will.We three siblings are to split savings.Does he have the right not to distribute savings until sel...

Question

My brother is executor of my mother's will.We three siblings are to split savings.Does he have the right not to distribute savings until sell of the house.



Answer

Yes, if the money may be needed for taxes, expenses, claims against the estate. etc.



Answer

It's not a matter of his right. He has a duty and responsibility, legally, as executor, to make sure that expenses and taxes and costs are paid. After that is done, the court gives him permission to disburse the remainder. However, heirs can request the court to allow partial distribution, before all costs and taxes are paid, if sufficient funds are left with the executor to pay the estate obligations. Therefore, you need to inquire of the estate attorney as to whether there is a possibility of a partial preliminary distribution.



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