can I get some inheritance money released to me for living expenses while the will is in probate?

UPDATED: Jul 5, 2009

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can I get some inheritance money released to me for living expenses while the will is in probate?

mother died in Florida with a will in 12/2007. P.R. stated inheritance amount is $27,000.00 but will take time in probate. I need some now for living expenses while in probate. Can probate courts release some now to me?

Asked on July 5, 2009 under Estate Planning, Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Often estate beneficiaries will pressure the personal representative to prematurely distribute assets of the estate.  As a fiduciary, the personal representative may be held personally responsible for early distributions when the personal representative learns later that the money distributed is needed to pay estate expenses, federal taxes, or required distributions.  Therefore, the personal representative virtually never distributes money early to an heir. 

There are actually companies that specialize in making "probate loans" or "heir loans" for situations just as yours; however just what type of terms are involved I cannot say.  They may be fair but then again they may not.  If possible, you just may want to bite the bullet and wait for the distribution of the estate.


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 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.

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