If inheritance money is desperately needed by heirs but the estate attorney is in no hurry to disperse the money, as the personal representative can I go ahead and do it?

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If inheritance money is desperately needed by heirs but the estate attorney is in no hurry to disperse the money, as the personal representative can I go ahead and do it?

My aunt passed away 2 years ago. She had a Will and we have an attorney working on the various aspects of it. I was named personal representative and another person was named Trustee. There is money to be divided up amongst named beneficiaries. The final accounting has been done. All financial matters have been settled. We have paid almost $20,000 so far.

Asked on January 9, 2015 under Estate Planning, Michigan

Answers:

Christine Socrates / Christine Sabio Socrates, Atty at Law

Answered 6 years ago | Contributor

Has the attorney offered any reason for the delay in the distribution of assets?  It seems like an unusually long time but is does happen sometimes if there is some unresolved issue in the estate.  I would need to evaluate what has happened in the estate to fully answer your questions.  As the fiduciary of the estate, you have the ultimate responsibilty to see the estate through.  If you think the attorney is not doing is job or is unnecessarily dragging things out, you have the right to retain a new attorney and terminate your relationship with the current attorney.  It may be a good idea to have a new attorney review the case and advise you on what should do.  Good luck!


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