Legal Question in Wills and Trusts in Georgia

You've given no facts or details, so there is no way to answer you.

Why would the executor do this? No disbursements should be made to anybody until all claims have been filed and the tax authorities have been paid and have approved. Otherwise, the executor would be at risk in the event that he/she has made disbursements and then finds out that there is not enough money in the estate to pay the bills. The executor is then in the position of asking for the money back or reimbursing the estate for his/her acts in prematurely distributing the assets.

Once the claims have been filed and taxes approved, the executor knows what has to be paid and what assets will go to the heirs. If there is not enough money, claims are paid in order of priority. If the claims take the entire estate, the heirs get nothing. If there is enough money to pay the claims, they are paid in full. The heirs get what is left. Again, if there is enough money, then the heirs get their share as per the will. If there is not enough, then bequests are paid in order of priority as well.

There is no other reason for an executor to withhold a distribution - possibly if a child is to inherit the executor might retain the object until the child comes of age, but I can see no other reason. The executor is bound to follow the directives in the will. The only time when an executor may make a distribution contrary to the will is where a dispute arises between a possible heir and the executor and rather than subject the estate to litigation, the executor and heirs will enter into a family settlement agreement and the heirs have to sign off on that. However, that is not a case where an executor is withholding a distribution.