QUESTION

Can inherited cash assets be distributed even though the house, which was part of the inheritance, has not been sold?

Asked on Sep 22nd, 2011 on Wills and Probate - New Jersey
More details to this question:
Our last living parent passed away and left a will stating all assets were to be distributed equally between the children. My sister is the executor and has told us that since all our mothers POD accounts have been closed and processed and placed into an Estate account so the lawyer can tally up the total value of the estate. We just received the house appraisal, so now basically know the value of the estate. (This is in NJ and less than $650,000) I am being told that we have to wait until the house sells until the cash from the estate account can be distributed, for "tax purposes". This doesn''t sound right since we are below the taxable threshold. But I don''t know the law, so I''m asking here.
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
A partial distribution of estate assets can be made from the assets that have been liquidated and placed into the account.  If necessary, taxes can be held back and reserved.  There are some other factors at play here such as if some of the beneficiaries live out of state they may have to pay tax when the property is sold.  However, a partial distribution can still be made immediately, before the sale of the house. 
Answered on Nov 28th, 2011 at 7:57 PM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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