Can the personal representative of a Will hold back proceeds to an heir?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can the personal representative of a Will hold back proceeds to an heir?
I am the rightful heir of a small estate. We are 4 siblimgs with each having rights to 25% of the estate. The PR of the estate is my brother. He has withheld the proceeds of the sale of a piece of property because I owe him money. Can he do that?
Asked on July 7, 2016 under Estate Planning, Maine
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
A PR must distribute estate assest as dictated by state intestacy law. They cannot impose a personal motive for not paying out an inheritance. Accordingly, withholding your share of estate proceeds is legally inappropriate. This does not mean that you don't owe this person money but that is an issue to be settled outside of probate. The fact is that a benefciary has rights and yours have apparently been breached. You can file an action with the probate court regarding the PR's "breach of fiduciary duty". The court can then compel that you receive your rightful share of the estate and decide whether or not to remove this person as PR. You can also consult directly with a probate attorney for further advice.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.