Legal Question in Wills and Trusts in New York
distribution of assets
An estate consists of A house, mutual funds ,savings accounts. The executer is saying he is selling the mutual funds and the house and once everything is liquidated he will distribute the inheritences. So no one will receive anything until the house is sold. He has not even put it on the market yet. The will does not state that this is how it should be done. It basically says all assets sold and distributed equally. so do I have to wait for the sale of the house to receive anything? I believe there is also a life insurance policy.
1 Answer from Attorneys
Re: distribution of assets
Unless there are potential estate and/or inheritance taxes due, which depends upon the total value of the estate assets, or debts that cannot be paid from the liquid assets, there would appear to be no reason why a partial distribution cannot be made before the house is sold, unless the liquid assets are needed to carry the costs of maintaining the house until it is sold. The Executor should discuss the reasons for delaying everything, and give the heirs some idea of what is involved. It is a good idea to sell the house now, as few people want to buy until after the winter. If there is life insurance, there may be named beneficiaries to the policy, in which case it does not fall within the probate estate, but may be part of the potential taxable estate. This should be reported on by the Executor. You do not indicate how long the estate administration has been in progress, nor the potential size of the estate, so my response is general. I might suggest getting a personal attorney, if the Executor refuses to discuss these matters with the heirs. This is a response to an Internet question and the reply is not intended to be legal advice or to create an attorney-client relationship. Additional or other facts might change the response.