Chesapeake Beach, MD asked in Estate Planning, Real Estate Law and Probate for Maryland

Q: Does estate have to be closed before beneficiary receives money.

I am a beneficiary, and I’m being told that I have to wait to receive any money until the account is closed. And that unless I sign over my rights to property to sell it that it cannot be closed. If I sign over my rights to the property they will close the estate and then said I would get any money from the estate.

1 Lawyer Answer
Richard Sternberg
Richard Sternberg
  • Estate Planning Lawyer
  • Potomac, MD
  • Licensed in Maryland

A: If you are asking whether you can have the proceeds from the sale of the house before you agree that the house should be sold, the answer is sort of obvious. But, perhaps the real issue here is that you don't trust the personal representative or their counsel. If so, you should retain your own counsel to review the filings and accounts of the estate or to petition, if appropriate, to be added as a co-personal representative. Partial distributions are often within the discretion of the personal representative, since the personal representative can be held liable for debts of the estate that may be unpaid after the distribution.

Cedulie Renee Laumann agrees with this answer

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