executor not distributing liquidated assets - legal?

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

My grandmother passed away October 2009 and her will stipulated that her house be sold and the money to be split between her three children; and that all other assets, stocks, etc. be liquidated and split between only two children, my aunt and uncle. My father is deceased, but will states his 'share' (of the house sale) be passed to his heirs (me and my brother). My uncle (the executor) sold the house in December, and sent my brother and I release letters in January. We signed them, notarized them, and sent them back, but still have not received the money. My uncle says he's waiting to disburse the money until all tax returns for the estate have been filed, and he's waiting to make sure that no 'unexpected' medical bills arrive (my grandmother had cancer). Is this legal? My understanding is that once he sent the letters and we signed them, the money was supposed to be released. He is handling the estate himself without using a lawyer, FYI. Thank you for any information you may have.

he's waiting to make sure that no 'unexpected' medical bills arrive (my grandmother had cancer). Is this legal?

Click to expand...

there are no assets until all the debts have been paid. As such, if he believes there might be outstanding bill, or the possibility of a tax debt, it would be proper to distribute the money as the estate has not been accurately accounted yet.

Put it this way: if there are more medical bills or there is a tax liability, from who's share should those debts be paid? The assets are not known until all liabilities are accounted for. Until that time, it cannot be determined what your share is, or anybody else's.

Thank you for your response. But if that is the case, then why is the executor already spending his share of the inheritance? If all liabilites are possibly not yet accounted for, then shouldn't all disbursments (including his) be held in an 'untouchable' account until all assets are liquidated and debts paid?

One would think that, yes.

The only reason I can see the situation as it is is, the executor realizes that they may not get all that they currently have determined is theirs or they are willing to repay anything overpaid to them. Obviously that is simply a guess as to why they would disburse money to themselves and not the rest of the heirs.

So, what you do is call them up and ask them.

Just so you know, the probate file is a matter of public record and you can get copies of the complete file if you desire. You would need to contact the court that is overseeing the probate. There is typically some minor costs to get copies made.