Can a lawyer hold my inheritence check if my aunt is contesting against her share?

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Can a lawyer hold my inheritence check if my aunt is contesting against her share?

I am entitled to an inheritance but the lawyer told me I can’t recieve it until my aunt agrees with her share; she is contestingbut that has nothing to do with my share. I signed and agreed with my share but he told me we can’t get it until everyone agrees is this true?

Asked on January 22, 2012 under Estate Planning, New York

Answers:

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

Answered 9 years ago | Contributor

Well yes, it is on some levels "true."  Is the lawyer also the executor of the Will? Or the attorney on behalf of the executor? Neither can distribute the funds unless they are sure that the amounts are correct and "uncontested" or they could be in a lot of trouble.  Even though you may have agreed to the amount,it may change if your Aunt's contest is proven and upheld. Good luck.   


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