Can my uncle as executor allow me to only receive a small monthly payment from my mother’s estate?

I am an only child receiving all of my mother’s estate. I am 51 years old.

Asked on October 20, 2013 under Estate Planning, North Carolina

Answers:

Nathan Wagner / Law Office of Nathan Wagner

Answered 7 years ago | Contributor

Your uncle might be allowed to distribute only a small monthly payment. For example, he could distribute this way if your mother set up a trust that provides for payments to you over time or if the probate court ordered the executor to make monthly payments. Ordinarily, however, the distribution would not be spread out like this. You should show the paperwork from your mother's estate to a local probate lawyer to figure out if the executor is acting properly in this case. 


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