Can I get a lump sum

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I get a lump sum

My mother passed away and my brother is the executor. We will get around $75,000 each. He gets his all at once in lump sum; mine is $600 a month until it’s gone. I want to challenge this and have mine also paid as a lump sum; want to put a down payment on a house and pay off bills. At $600 a month none of this can happen. Can I challenge this or get higher monthly payments increased?

Asked on February 23, 2016 under Estate Planning, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, you can't. It doesn't matter if you really need the money now, or if it's unfair you were treated differently than your brother; it even doesn't matter if the executor (your brother) agrees with you--no one can change a will except the person who made it (your mother); and if that person has passed away, the will can no longer be changed but must be enforced as written. That is the law, and there is no discretion to make changes.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption