Legal Question in Wills and Trusts in New Mexico
Inheritance
Can an executor arbitrarily hold funds
after the 60 day posting has expired
and there are no contestations to the
will?
Asked on 8/27/08, 11:42 pm
1 Answer from Attorneys
Charles Aspinwall
Charles S. Aspinwall, J.D., LLC
Re: Inheritance
A Personal Representative may not do anything "arbitrarily." S/he must, however, wait until the deadline for the presentation of creditors' claims has passed, and the amount of those claims is known, to distribute the entire estate. Unpaid taxes and certain creditors' claims have priority over money bequests to beneficiaries.
Answered on 8/28/08, 9:50 am