Legal Question in Wills and Trusts in New York
My question is about Will Resulution
I'm trying to get some information about the release of money to an heir. My mother was left about $10,000.00 by a long standing friend of her whom died some months ago now, but apparently the release of the money is being held up, because the law firm is suing the ''Brooklyn Navy Yard''. It seems there was asbestos at the ''Yard'' during the time the friend worked there, and the Estate feels it's entitled to damages. The problem is, for my mother there's an urgency time is here enemy. She's dying from cancer and needs that money to pre-pay for her own funeral arrangements. She may not have the time to wait for the law-suit's resolution and for that matter doesn't believe that her share would actually increase, even the suite was successful. Is under these circumstances, anyway for her to get the firm to expedite the release of just her portion of the estate?
1 Answer from Attorneys
Re: My question is about Will Resulution
If your mother is entitled to a specific bequest (flat amount that will not fluctuate regardless of the estate value), there should not be a delay in payment. While there may be some death taxes due (federal or state), depending upon the size of the estate before and after the litigation, some of the payment can be retained in escrow to cover any taxes on what your mother should receive. In view of her health, I suggest cotacting the estate's attorney and proposing a partial distribution promptly, with some funds to be held in escrow until the tax picture is resolved. The only reason I can think of for withholding a partial distribution is if there is a question that the estate might not be large enough, after debts, taxes, funeral and administration expenses have been paid, for her to get what she is entitled to receive.
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