Legal Question in Wills and Trusts in New York
disbursement of preceeds from property estate sale
When property is sold as part of an estate, and there is attorney representation, how are monies disbursed to family members? At the closing, who is the check made out to? Is there an account opened up in the families name? During the sale of the house, a check was sent to my attorney as down payment, however, the check was in his name - is this normal
2 Answers from Attorneys
Re: disbursement of preceeds from property estate sale
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The proceeds should be deposited into an accountse6t up specifically for the estate.
Customarily, down payments in a real estate sale are held until the actual transfer of title in escrow by the attorney for the seller. Checks for the down payment would be made out to "Lawyers Name, As attorney" and MUST be deposited in the attorney's trust account.
Distribution of the estate to heirs most likely would not take place until all debts and taxes are paid, however, it is sometimes posible to make a partial distribution. Ask the attorney.
Re: disbursement of preceeds from property estate sale
It is not unusual that sale proceeds were made out to the attorney, as the attorney for the estate.
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