Can I get a lump sum
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Can I get a lump sum
My mother passed away and my brother is the executor. We will get around $75,000 each. He gets his all at once in lump sum; mine is $600 a month until it’s gone. I want to challenge this and have mine also paid as a lump sum; want to put a down payment on a house and pay off bills. At $600 a month none of this can happen. Can I challenge this or get higher monthly payments increased?
Asked on February 23, 2016 under Estate Planning, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
No, you can't. It doesn't matter if you really need the money now, or if it's unfair you were treated differently than your brother; it even doesn't matter if the executor (your brother) agrees with you--no one can change a will except the person who made it (your mother); and if that person has passed away, the will can no longer be changed but must be enforced as written. That is the law, and there is no discretion to make changes.
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