Legal Question in Wills and Trusts in New York

Distribution of inheritance funds

My Father is 90 years old. His health is failing rather rapidly. He lives in New York. In January his brother's wife died. This was supposed to free up an inheritance of his bother's funds (brother died 8 years ago). Dad was notified by an Attorney handling his brother's estate that he was receiving a partial distribution of the funds soon. A legnthy letter was sent regarding tax laws and possible investment choices. So far no money has appeared. Inquiries have not resulted in specific information. When will these funds be distributed? Why only partial? Mother fears Dad will die before money is distributed, and no one will get anything. How can we find out what is going on? Are there any legal actions we can take to speed up the process?


Asked on 4/26/06, 1:56 pm

1 Answer from Attorneys
Norman Nadel Norman Nadel, Esq.

Re: Distribution of inheritance funds

The lawyer handling the estate is the primary source of information.

There might be an inventory filed in the Surrogate's Court.

Generally, lawyers will respond to lawyers and in the instance you describe you may want to employ a lawyer. It seems the lenghthy letter may need a lawyer's interpretation.

I usually recommend self help, but I think a professional is recommended here.

Unless there is something most unusual in the Will, your family will not be deprived of the inheritance if your Dad dies before the distribution.

Partial distributions are not unusual. Sometimes assets have to be reserved for unpaid debts or assets require time to be sold.

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Answered on 4/26/06, 2:35 pm


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