Skip to main content

CAN AN ADVANCE BE GIVEN ON AN ESTATE STILL IN PROBATE

Waterloo, IA |

iHAVE 10,000..00 COMING FROM AN ESTATE STILL IN PROBATE BUT HAVE A MEDICAL EMERGENCY. cAN I GET AN ADVANCE ON MY MONEY TO COVER THAT

Attorney Answers 4


  1. Yes, the executor of the will may make an early distribution to you, but he or she is not required to do so. Please contact him or her immediately and explain your circumstances. Many times, the executor will require you to sign a "Receipt & Release Agreement", which acknowledges the distribution of the sum, prior to the actual distribution thereof. Good luck to you.

    This information is presented as a public service. It should not be construed to be formal legal advice nor considered to be the formation of a lawyer/client relationship. I am licensed in Connecticut and New York and my answers are based upon the law in those jurisdictions. My answer to any specific question would likely be different if I were to review a client's file and have the opportunity to interview the client. Accordingly, I strongly urge you to retain an attorney in your jurisdiction with respect to any legal matter.


  2. It may depend on the status of the probate proceeding. The executor has a duty to ensure that all creditor claims are paid. If the estate is still in the period where creditors can file claims, then the executor should not make an early distribution. Even after that period, an executor has discretion whether to make early distributions or to wait until final settlement. You should contact the executor or the attorney for the estate to discuss your situation and see whether a distribution could be done. Even then, the executor may not distribute your entire share to you, but only a part so that the estate can maintain a cushion for unforeseen expenses.

    DISCLAIMER: I am an attorney licensed to practice law in the State of Iowa only and not in any other state. The response I have provided is based on the limited information stated in your question or hypothetical scenario. Quite often, a more complete understanding of the facts would lead to different advice or to a broader discussion of relevant or related considerations. The answer provided does not create an attorney-client relationship between us. You should not decide to act or refrain from acting based on my response, which is an attempt to provide general information on a legal topic as presented by you. The law is subject to frequent change and varies from state to state. Also, legal matters often involve deadlines that may significantly affect your legal rights. You should always consult with an attorney in your own state who is knowledgeable in the subject matter, and you should do so as soon as possible.


  3. It's possible to get an advance, if the estate will have sufficient assets to pay creditors, or has paid all of the creditors claims. You will be asked to signed documentation reflecting the advanced distribution.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.


  4. I agree with my colleagues. It is possible for you to get an advance, provided the estate has sufficient assets to cover all foreseeable expenses and enough in reserve to cover any additional inheritances. The executor/administrator is not required to provide an advance, however.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

Top tips from attorneys

What others are asking

Questions?
An attorney can help.

Post a question and get free legal advice from attorneys.

Ask a Lawyer

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics