If 2 of 4 beneficiaries are suing the executor of an estate, can theother 2 beneficiaries who are not suingask that they be given their share of the inheritance?

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If 2 of 4 beneficiaries are suing the executor of an estate, can theother 2 beneficiaries who are not suingask that they be given their share of the inheritance?

Mothers’ Will stated that her 4 children share and share alike. However 2 of the 4 are suing the executor for billing and monies owed by mother. Her estate was not that large and this has been going on for 2 years. I fear that if this continues the 2 of us who are not suing will be left with nothing. The executor is billing the estate for his legal expenses in this suit and at the rate it’s going there will be nothing left. Can we petition the court to have the executor release our portion?

Asked on August 8, 2011 Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your situation.  What you want here is a partial distribution but the executor really can not release funds until all claims are settled. Until that time you will not know what your "portion" is.  The executor has the right to be defended using estate assets (generally) and you are quite correct that the funds could be eaten up in litigation.  Is it possible for someone to step in here and to try and settle the matter? Any resolution would be better than having no money left to distribute at all, don't you think?  Maybe a neutral family member or  maybe request mediation of the matter?  Anything is better than constant bickering.  Good luck.


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