We have all signed a settlement agreement approved by the court. Final distribution is set for Monday July 16th. 10 percent of the cash disbursement was made in February, the balance to made July 16. (approximately 320,000 to be paid to 5 beneficiaries) The executor of the estate has not communicated any issues or an appointed time to do this. She has conveyed through attorneys that they have not released the liens on 32 parcels, (estimating from 2015 balance sheet to be an avg per lot of 1379, totally 44,000) which leads us to believe they do not have the money to do the cash distribution as well. They have sent over 43 deeds to be filed in reference to other property in agreement. When asked if the cash disbursements would be made on Monday the 16th, the executor said she couldn't guarantee it.
What happens if they do not meet the deadline?
If the settlement agreement was made an order of the Court you have the option to seek the issuance of a contempt citation. However, to be successful, you will generally have to prove that compliance was possible. Whether this is worth pursuing will depend on what you are told and what the reason is for any delay.
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