Are there any legal bars to the PR/executor disbursing funds prior to and well in advance of the closing statement?
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Are there any legal bars to the PR/executor disbursing funds prior to and well in advance of the closing statement?
It’s an unsupervised probate case with the taxes paid and creditors satisfied.
Asked on April 5, 2012 under Estate Planning, Indiana
Answers:
Steven Fromm / Steven J Fromm & Associates, P.C.
Answered 12 years ago | Contributor
An executor runs the risk of personal liability if they make distributions too early in the process and they end up being wrong about debts. Early distributions are referred to as "at risk" distributions for a reason. If you do not have an attorney involved you are making a big mistake.
For a sense of what is involved in administering an estate in most states, please see the following two articles: Estate & Probate Administration: Do Not Try This On Your Own at http://www.sjfpc.com/page1.html and Pennsylvania Probate & Estate Administration: Executor Duties at http://www.sjfpc.com/pennsylvania_probate_estate__administration_duties_of_executor_and_administrator.html
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Well you added the most important part: taxes paid and creditors satisfied. If you as the fiduciary think that you are on solid ground with all of that then you can make partial distributions of estate funds as a general rule. But I would absolutely seek legal consultation for your own benefit. Good luck.
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