Is there any way for a beneficiary of an estate to get emergency funds in advance?

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Is there any way for a beneficiary of an estate to get emergency funds in advance?

The Will has been probated all have signed off except one sibling.

Asked on July 27, 2011 Texas

Answers:

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

Answered 10 years ago | Contributor

It really depends on the facts that are specific to the estate being probated.  What you want to know is if you can receive a partial distribution of your share of the estate.  Sometimes that answer to that question is a big yes.  As long as the personal representative of the estate - who is a fiduciary - can set aside the funds necessary for taxes, fees (legal fees) etc., and there is enough left over to partially distribute then there should be no problem.  Here, though, you indicate that one of your siblings has not agreed to what ever document you indicate the others have signed off on.  Is it because that sibling is going to contest the estate?  Then is would not be prudent for the personal representative to distribute any funds until he or she knows that the matter is settled.  Good luck.


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