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In reference to asset distribution

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First, thanx for this board! Question: Can an estate be dsitributed in pieces? My mothers estate has several assets, savings, checking, property. I would think while the home is on the market, the savings could be distributed (allowing money for misc expenses). Is this an appropriate question to ask the executor? Thanx again. (Estae in is New Jersey)
 


ALawyer

Senior Member
Many executors like to defer all payouts until the very end on the theory that you are never REALLY sure what may happen - for example, the hosue may tur out to be a toxic dump site and have negative value, or a major bill may come in, or a sut may be filed before the shorter death statute of limitations runs, etc. You see the executor can be personally liable if anything is distributed and there is not enough left to pay creditors.

In my view, if there are enough assets to be reasonably certain there will be plently left to cover reasonably likely claims (including taxes) that may come in, AND the beneficiaries are willing to agree, in writing, to return assets shouold they be needed, usually it makes sense to make partial EQUAL PRO RATA distributions to the beneficiaries. I do NOT like to distinguish between CDs and stock, and give one to A and the other to B, even if there is at the moment equal value....
 

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