I have a question about the trust and will my father left myself and my brother in ohio
Question Details: My father left my older brother as executor of his estate. There are 4 benficiaries. The estate has paid for the funeral, paid for repairs to the house and 2 of the beneficiaries. There is money left in the checking account for which me and my brother are entitled to half. and we have to sell the house and split that as well. I wanted to leave enough money to operate the estate for a year until we sell the house. And then myself and my brother could divide the rest equally. My brother has told me I could have no money until the house sells is this right?
There is no way to properly answser this question without knowing what powers were conferred on the executor by the terms of the will and the trust. The executor may be correct in refusing a division without sale of the real estate.
Generally, the estate assets are distributed on the conclusion of the estate, after all the bills and taxes are paid. However, the executor may be able to make a partial distribution if the terms of the will and trust allow. It is important to review the terms of the will and trust to see if he has this authortity.
