Legal Question in Wills and Trusts in New Hampshire

estate

I am the executrix of my parents

estate. They were both killed in an

accident, and it was found to be my

fathers fault. The person how hit

them is sueing the estate. Can I

distribute the assets of the estate to

the beneficiaries before the suit is

settled?


Asked on 2/25/09, 10:06 am

2 Answers from Attorneys

Herbert Cooper Law Offices of Jameson & Cooper

Re: estate

Simply put, you really need to have an attorney. There are too many additional questions to ask, and other issues which would arise.

If the estate has assets, you can pay for legal counsel out of the estate. An executrix has personal liability if payments or distributions are made which should not have been made.

Please feel free to contact me, as I am licensed both in Massachusetts and New Hampshire.

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Answered on 2/25/09, 10:26 am
Bruce L. Dorner Dorner Law Office

Re: estate

I am assuming that the suit against your father's estate is a claim against the estate. You can't make distribution until you get permission of the court. I doubt the court would grant such permission until all claims have been satisfied.

Probate proceedings with litigation attached can get somewhat complex. I would urge that you meet with an attorney to fully review all the facts and circumstances before taking any action.

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Answered on 2/25/09, 12:53 pm


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