QUESTION
Can I get the money early that my mother willed to me in her will as far as the selling of assets in the home and the property?
Asked on Jan 17th, 2014 on Estate Planning - California
More details to this question:
My mother passed away and left me in her will and it was settled in probate court. Can I get the money sooner?
15 ANSWERS
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It is not clear from your summary what can or should be done. If the estate has been "settled," then you should already have received the money.
Answered on Jan 22nd, 2014 at 10:30 AM
3 Awards
You need to hire someone to review the Will and Orders to determine if that is a possibility. Bet of luck to you.
Answered on Jan 22nd, 2014 at 10:27 AM
Edwin K. Niles
Earlier than what? Be more clear. Is probate still open? Why? At what stage is the probate? Why are you not asking the attorney handling?
Answered on Jan 22nd, 2014 at 10:22 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Contact the executor/administrator of your will as to the implementing order from the court regarding the distributions as to amount and timing of the distribution. If no cooperation from the executor, go to the court and obtain a copy of the file and seek the assistance in interpreting the court's order re distribution of the assets of the will as they apply to you.
Answered on Jan 22nd, 2014 at 10:18 AM
Sooner than when? If the probate is settled and the personal representative discharged, you would usually get the money within 30 days.
Answered on Jan 22nd, 2014 at 10:04 AM
The administrator of the estate must make an accounting, to you and other heirs. He or she must pay the administration costs first, liabilities, and then the heirs last.
Answered on Jan 22nd, 2014 at 10:02 AM
Before any beneficiary can be paid from the estate, the creditors have to be paid. There is a priority of parties to be paid and your attorney can tell you who they are. If there are more creditors then assets, then possibly you do not receive any funds. Again, the attorney for the PR can inform you what the status is. If the estate has been completed, then you should have been paid. If money is left in a trust, that is a different scenario and you have to look at the trust to see what the terms of distribution are.
Answered on Jan 22nd, 2014 at 9:59 AM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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Your question is not clear. Is your mother's estate still in the probate court? Normally distributions of assets in the estate are a matter over which the personal representative (executor) has some discretion. It also depends on whether the estate is being administered independently or with court supervision. If the estate is "supervised" distributions may be dependent on a court order approving sale and distribution of assets. You should contact the attorney for the estate if there is an estate.
Answered on Jan 22nd, 2014 at 9:43 AM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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The representative appointed in the probate estate is responsible for collecting all of the assets of the estate and paying all of the creditors of the estate. Both of these duties can delay the complete distribution of estate assets to the legatees named in the will. Funds must be retained in the estate to ensure the duties of the executor can be fulfilled. Excess funds and specific bequests can be distributed early. Partial distributions can be made. Partial distributions must be made proportionately to all of the legatees. The representative cannot distribute to some legatees but not to others entitled to distributions in the same degree. Any partial distribution would be subject to possible refunding back to the estate if necessary.
Answered on Jan 21st, 2014 at 9:25 PM
Thomas Edward Gates
You may receive the money if you are older than 18 years old and there were no restriction placed upon it in the will.
Answered on Jan 20th, 2014 at 8:14 PM
2 Awards
If probate it settled, unless the will had a trust provision that it should be held for you, you are entitled to it now. Contact the probate attorney.
Answered on Jan 20th, 2014 at 8:13 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You probably cannot get it until the 4 months have passed for creditors to file their claims. Once the claims have been received and paid, then you can get your money.
Answered on Jan 20th, 2014 at 8:13 PM
Distribution of assets to heirs is usually the last thing to happen and sometimes it can take several months even years if the estate is large or complicated to get to that stage. You can always check with the executor and see if some of your inheritance can be handed over at this time.
Answered on Jan 20th, 2014 at 8:12 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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If the estate has been "settled" then you should have your money. If you are a beneficiary of an estate, and you are not understanding the process and the progress of the probate, you should see a lawyer to represent you.
Answered on Jan 20th, 2014 at 8:06 PM
The probate is note settled until the assets are distributed, so either the mater has not been settled or you should have already gotten your money.
Answered on Jan 20th, 2014 at 8:04 PM