Can an estate attorney allow only a certain beneficiary to receive a hardship distributions even if that person owes to estate roughly $110,000?

Can a grandchild who owes the estate $108,000 receive an early hardship distribution from that same open estate without incurring any penalty on that early distribution?

Asked on November 8, 2011 under Estate Planning, Pennsylvania


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The attorney handling a probate or intestacy matter cannot give an early distribution of an estate to an heir. Rather the heir who wants an early distribution must file a petition with the court seeking the request.

The court hears the motion and then makes the decision to grant or deny the request.

As to offsets and obligations owed, the court hearing the probate makes the decision on the basis of the evidence presented.

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