Q: Can money from an estate be distributed to heirs/legatee before it is closed?
The life insurance policy was outdated and my father who passed away was the named beneficiary. It went into my mother’s estate. All creditors and debts have been paid and the only thing pending is selling the house.Can the money be distributed before selling the house?
A: Partial early distributions are permitted, but not required, so long as the estate is otherwise solvent an can pay all administrative expenses, fees and debts of the estate. An heir, however, is not entitled to an early distribution, and there is no basis to compel the PR to make an early partial distribution before the final accounting. If the PR is unreasonably and unjustifiably dilatory in performing their duties then you may petition the court for relief, including removal of the PR and appointment of someone else to move the estate along.
Cedulie Renee Laumann agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.