QUESTION
Can I get my inheritance sooner if I’m under hardship?
Asked on Apr 22nd, 2014 on Estate Planning - Michigan
More details to this question:
My grandfather just died and left me in his will to split with my mother and my 2 aunts, 1 of which is the executor. So my main question is: If my grandfather had no debits and no one contesting the will itself, would I need a lawyer? And if I'm under hardship can I get my inheritance sooner than later?
14 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Unless you don't trust your aunt- the executor - there is no need to get an attorney. That said, almost everyone who is cheated is cheated by someone they trust. The executor will file the will and ask her sisters and you to waive contesting the will and her appointment as executor. If everyone signs these it speeds up the process by a month. The main problem is the probate court has no way of knowing that your grandfather has no debts - and he probably owes healthcare providers for his final illness, the funeral home, and utility bills. These people have 6 months to submit their bills. What I generally recommend is to set aside a reasonable amount to pay any bills that come in and distribute the rest early. Now, that's not so easy if grandfather owned a house. Generally takes a while to sell a house.
Answered on Apr 28th, 2014 at 4:02 AM
Edwin K. Niles
1. Hardship has nothing to do with probate. 2. Take it up with the executor. It would require court approval. 3. Don't spend your money on a lawyer unless there is a real dispute.
Answered on Apr 23rd, 2014 at 5:19 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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If you object to the activity or the lack of activity by the executor then you may need a lawyer. Distribution out of the estate must be made proportionately to all heirs at the same time. The payment to one heir should not be advanced over the payment due other heirs. Partial distributions to all the heirs are possible. Final Distribution should not be made until after the statutory claim period has expired and after all assets are collected and liquidated, if appropriate. If your distribution under the terms of the Will are to be made to you outright on the death of your grandfather, with no provision for postponement of possession then the executor has the discretion to make a partial distribution to you and the other heirs to assist you in dealing with your hardship. If your distribution is subject to a provision of postponement of possession the executor must follow such terms. The terms of the Will or trust set the rules as to when and how your share of the estate can be delivered.
Answered on Apr 23rd, 2014 at 2:00 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Probably not, unless the executor is willing to take that chance. You say there is no debt, but the estate must publish a notice to creditors and in Idaho, there is a 4-month period for the creditors to file their claims. In addition if property is to be sold, etc., then there should probably be no distribution until everything is liquidated. It doesn't sound like you need an attorney. You just need to talk with your aunt.
Answered on Apr 23rd, 2014 at 10:53 AM
There's more to closing an estate than handing out the inheritance. The executor needs to notify all your grandfather's creditors and debtors, collect and inventory the estate, pay off all the debts and taxes he owed, and file various reports with the probate court. Only then are the remaining assets distributed according to the will. This process takes a minimum of 6 months and usually longer. Hardship is generally not a valid reason to pay a beneficiary before the process is complete.
Answered on Apr 23rd, 2014 at 10:53 AM
The probate must go through the mandated steps. No one can collect their bequest until all the steps are followed. If there truly no debts or arguments the probate may progress at a more streamline rate than usual.
Answered on Apr 23rd, 2014 at 7:32 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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In Michigan, the estate must be open for at least 6 months. That does not mean that distributions cannot be made before that time. But it is common to wait at least 4 months until the creditor claim period has expired. Hardship does not speed the process, but if the Personal Representative is willing to make an early distribution, there is nothing preventing it. You can certainly ask. If the administration is fairly straightforward, you may not need your own attorney. If you have questions or concerns, you can have an attorney review the situation for a relatively small charge.
Answered on Apr 23rd, 2014 at 5:31 AM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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Nothing in the law allows a person to speed up the distribution of an estate due to some sort of hardship. The timing of any distribution is at the discretion of the executor. Whether you need a lawyer depends on your circumstances. If you have no claim against the estate (e.g., to contest the will), it is unlikely that you need an attorney. It is unclear whether an attorney can help you obtain your inheritance any faster.
Answered on Apr 23rd, 2014 at 5:02 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Suggest you seek assistance of a probate lawyer to negotiate an agreement with the executor of the estate to obtain a distribution earlier than you would normally be allowed under the terms of the will. If your aunt, the named executor, does not have a probate lawyer, then maybe your lawyer could file the petition to probate the estate, and arrange for an early payout to you.
Answered on Apr 22nd, 2014 at 9:14 PM
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If the will is being probated by the executor, and they're doing what they should, then you may not need a lawyer for yourself (the executor would need one.) If there are no debts, the executor can do a summary proceeding to clear title to the property. There really isn't a mechanism to get your inheritance before everyone else's, even if there's a hardship. You can try borrowing from the other family members, but I don't recommend it.
Answered on Apr 22nd, 2014 at 8:07 PM
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You can if the executor allows it. If everyone is on good terms, you should not need a lawyer, but if things change, get one right away.
Answered on Apr 22nd, 2014 at 8:06 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Ask the personal representative if you can get a partial distribution. It would help if you would agree to pay the cost of preparing the petition to the court to allow the partial distribution.
Answered on Apr 22nd, 2014 at 8:06 PM
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The probate needs to run its course, then you can get your inheritance. Procedures must be followed. Speak with the estate attorney about your issue and ask for an estimate as to when the estate will close.
Answered on Apr 22nd, 2014 at 8:06 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You will receive when the rest of the heirs do.
Answered on Apr 22nd, 2014 at 8:00 PM