Harville-Stein Law Offices, LLC

 

HARVILLE-STEIN LAW OFFICES, LLC
2159 S. MCKENZIE STREET, #250
FOLEY, AL 36535
Phone: 251.979.6641


 

SERVING BALDWIN COUNTY, ALABAMA


 

When to Expect Estate Money

Question

My brother is executor of our mother's estate. There are three beneficiaries, my brother, my sister and me. The estimated estate of 50k. My sister has received a check for 13k already. What is the legal time-frame in which he would have to pay me?

Question

It seems unusual that your sister would have received a "distribution" from the estate, and that you would not have.

Before the Executor can close the estate with the Court, he or she will need to obtain your "Consent".  This is a written document that states you have recieved all that you were supposed to under the Will.  Of course, if you have not, you don't sign it.  You can also file with the Probate Court a Motion to Compel Final Settlement, or Motion to Compel Distribution, to get the Court to Order that your payment be made.   No Partial Distributions have to be made from an Estate, a Partial Distribution is at the discretion of the Executor.

However, I do not think the Court would uphold a Partial Distribution to one, without a Partial and equal Distribution to all.  

 

 

 

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