Can I get my inheritance early without going to court?

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Can I get my inheritance early without going to court?

My father left me an inheritance but I can’t get it until I’m 40. I am 30 now and I am having medical problems for which I will probably have to be off work for awhile.

Can I get enough money to cover my pay checks while I am off? My uncle is in control of the inheritance, do I have a legal right to some of the money without going to court or get an attorney?

Asked on October 3, 2016 under Estate Planning, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can only get the money early if the terms of the will or the trust (the document or instrument by which you are inheriting) provide that in certain situations (e.g., certain kinds of documented or provable need) you can get it earlier than 40. Otherwise, if the will or trust does not allow you to get the money early, you have to wait; the money can only be distributed in accordance with the terms of the will or trust.


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