QUESTION
Can my inheritance legally be withheld from me by the executor?
Asked on Oct 11th, 2011 on Wills and Probate - Texas
More details to this question:
My Father passed away in May of this year. His will was probated in July 2011. He left me an inheritance, but the Executor says they will not issue a check until the stock market goes back up, even though the funds are there. I have a copy of my Father''s will and there are no stipulations regarding the inheritance. Can they legally withhold my inheritance based on the stock market when the funds are there? And if not, is it a probate/wills attorney that I need to seek?
1 ANSWER
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It would be extremely unusual for a Will probated in July to be distributed by October. It usually takes more than 4 months, even in a state, like Texas, that has simplified its probate process.
The condition of the stock market is not usually considered a valid reason to not distribute proceeds. However, there are likely to be other facts or reasons, which taken in context, could be valid.
You are correct that you would need a lawyer well-versed in Texas probate law.
To your success,Gale Allison, Principal AttorneyThe Allison Firm, PLLChttp://www.theallisonfirm.com http://www.linkedin.com/in/GaleAllison
Answered on Nov 15th, 2011 at 5:24 PM