Executor selectively withholding payments from inheritance

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

Hi,

My grandparent passed away 10 years ago leaving a property to divide amongst her children. My father passed away 5 years ago leaving his portion of the inheritance to my sibling & myself.

My uncle, the Executor of my grandparent's estate sold the property last year on a timed payment plan from the purchaser. We were told that we were to receive our portion of the inheritance as payments over the next 10 years. We received the first payment (last year).

I have outstanding student loans and my uncle expressed that I should use the inheritance to pay off those loans. As the first payment was not enough to cover one of the several loans I put the money into savings until the next payment. Paying off the loans in their entirety looks to yield a potential discount of 25% vs. Payment plans (collection fees & interest can be negotiated down). Upon learning that I had not used the money to pay the loans my uncle decided not to issue further payment (no formal agreement was made as to how I would use the money nor when I would pay them).

The rest of the family has received their payment for this year (including the sibling that shares my portion) & I am being told that I can't receive this year's payment as there are tax considerations involving paying out the amount in yearly installments.

Is the Exectator allowed to selectively withold payment on an estate if he decides that the recipient isn't using the money as he wants them too? I have explained the situation & have been asked to provide detailed information regarding my loans (supposedly so that payments can be made directly from the estate to the loan holders).

Thanks for any guidance on whether this is legal & and and direction as to how I could proceed.

Is the Exectator allowed to selectively withold payment on an estate if he decides that the recipient isn't using the money as he wants them too?

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not as an arbitrary decision.

are you saying your grandfathers estate probate has not been finalized yet? Has your fathers probate been finalized yet?

Probate through the courts supposedly has been finalized other than the selling & distribution of this final property (in both cases). That is my understanding at least. My uncle is not very forthright with details but from information gained through talking to other family members this is supposedly the case.

There is another family member (not sibling) not receiving the payments (they were told to obtain a high school diploma first).

unless there was some directive in your grandmothers will, uncle cannot arbitrarily enforce some personal agenda. The thing is, this is money that is supposed to be paid to your fathers estate. Were all of his debts paid?

anyway, yes, you can take action. You would have to make a complaint against him in the probate court overseeing your grandfathers probate. It would have to be brought by the rep of your fathers estate though as that is who it is owed to since his probate is not finalized. You would probably be best served by seeking the aid of a local lawyer if not actually having him represent you or your fathers estate.

That makes sense. Thank you so much for your knowledge & assistance!