What to do if my grandmother passed away and my uncle is executor of her estate but won’t yet release the money to the beneficiates?

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What to do if my grandmother passed away and my uncle is executor of her estate but won’t yet release the money to the beneficiates?

My mother and her other 6 brothers and sisters are to share in the estate (primarily life insurance policies and minor personal property, no real estate). The executor is claiming that he is holding distribution of the assets because one sibling may have had the mother co-sign for a vehicle loan. He also claims that if he distributes the proceeds and she defaults on the loan that he can be held liable as executor. Can he legally withold the estate from everyone for this one possibility? My mother is disabled and this money would be a great help to her.

Asked on June 30, 2013 under Estate Planning, Nevada

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Under the laws of all states in this country the uncle can legally hold off on the distribution of the assets of your grandmother's estate based upon what you have written about. However, your mother can make a request to the probate court for a partial distribution of estate assets with respect to what she is entitled to under the Will of your grandmother.


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