What to do if I am the executor of mom’s estate and I’m ready to close the estate but during the administration I took cash out as an early distribution of my inheritance?

My brother now wants me to pay it back into the estate with interest and penalties. If I pay the funds back into the estate what happens to it? My brother’s inheritance from mom’s Will has not been harmed. He is getting everything that the will said he is to have. I have fully accounted for the early distributions in my final accounting filed with the court. Showing that if I had not taken early distribution, the money would be going to me now?

Asked on September 11, 2013 under Estate Planning, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

I am so sorry for your loss and for the situation. Litigation with your brother will be costly for both of you.  Have you given him the accounting?  It sounds as if he is just really mad that you didn't give him the benefit of an early distribution as well.  Is the money held in an interest bearing account?  Depending on how much it was that you took he could have a valid point but still not one that needs to be litigated.  Speak with your attorney for the estate about sitting down and going over the accounting with everyone to show him what you claim is true.  Good luck.

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