What to do if my grandmother passed away and my uncle is executor of her estate but won’t yet release the money to the beneficiates?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

What to do if my grandmother passed away and my uncle is executor of her estate but won’t yet release the money to the beneficiates?

My mother and her other 6 brothers and sisters are to share in the estate (primarily life insurance policies and minor personal property, no real estate). The executor is claiming that he is holding distribution of the assets because one sibling may have had the mother co-sign for a vehicle loan. He also claims that if he distributes the proceeds and she defaults on the loan that he can be held liable as executor. Can he legally withold the estate from everyone for this one possibility? My mother is disabled and this money would be a great help to her.

Asked on June 30, 2013 under Estate Planning, Nevada

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country the uncle can legally hold off on the distribution of the assets of your grandmother's estate based upon what you have written about. However, your mother can make a request to the probate court for a partial distribution of estate assets with respect to what she is entitled to under the Will of your grandmother.


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 lock Secured with SHA-256 Encryption