Can you take a partial distribution as an heir?

What is the name of your state (only U.S. law)? Oregon

If there are funds available in the estate, can you request a partial distribution before the estate is finalized? My husband is an heir to his mother's estate, with his sister as the PR. If partial distributions are allowed, does my husband need permission from his sister to do so? Can you simply write a letter to the attorney for the estate or is it more complicated than that? If a particular form is required, can it be found online? My husband's mother passed away in mid August and we believe she has $50,000 in the bank, in addition to a pension and perhaps a life insurance policy? She owned her home outright and it is on the market, but hasn't sold yet. Thanks for your advice.

vickielynnejo said:

What is the name of your state (only U.S. law)? Oregon

If there are funds available in the estate, can you request a partial distribution before the estate is finalized?

Click to expand...

Yes.

If partial distributions are allowed, does my husband need permission from his sister to do so?

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Yes.

Can you simply write a letter to the attorney for the estate or is it more complicated than that?

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A letter to his sister, the PR, would be more appropriate. The attorney is retained by and works for the PR.

Whether to make partial distributions is up to the PR. Unless the estate has paid any debts and has a real bundle of money available (but, for some reason, cannot be closed yet), the PR will likely be cautious and not make any distributions until all the estate's affairs are concluded. It is the PR's rear end on the line if something goes wrong and funds previously distributed need to be returned.