Legal Question in Wills and Trusts in Pennsylvania
I received a partial payment from my inheritance (aunt passed away a few months ago. The payment was in June and the lawyer says that the final distribution will be next year after taxes are filed. Can I receive a second partial payment in say..September or October? Is it customery and can he deny it even if there are ample funds in the estate?
2 Answers from Attorneys
The executor risks personal liability if he makes the final distribution before he has received clearances that all taxes have been paid and no more are due.
It is customary to wait until the returns have been filed and approved.
If it is a substantial amount, he may even want, but is not required, to do a formal accounting in Orphans' Court.
THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.
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Attorney Jacobson gives good advice. While you can request early distribution, this is at the executor's risk and it will depend on the assets in the estate and how much is anticipated to be needed for taxes. If the executor says no, then that is it. There is no right to demand an early distribution.