Ability of estate to provide for temporary support ofsurviving child

[shnaser]

In Jan. 2000, my father died unexpectedly from sudden respiratory failure, and 7 weeks later, my mother was murdered. At the time of both of my parent's deaths, I was living with them due to being laid off from my job 2 months prior to my father's death. I am 34 years old and am still living in my parents home due to the fact that I have no financial means of my own to relocate. For obvious reasons, I was not able mentally to return to work after my mother was killed, however, I have been in therapy and I now feel ready to return to work. The problem though is that the area which I currently live in is in the far western corner of Maryland is very rural and there are no opportunities to find work in my field of training. Whatever savings I had have all been exhausted by my personal medical expenses. I have 2 older brothers; the oldest of which is the executor of the estate. The value of my parents estate is under the $675,000 level, and the state estate and inheritance taxes are only 0.09%.. My question is are there any legal options available, say by way of an annuity or a trust fund, that could be set up for me by my brother in order to provide me enough money by way of an early partial disbursement so that I can relocate to an area where I can find work and get back on my feet again in terms of being able to support myself ?? Both of my older brothers are gainfully employed at present so the money issue for them with respect to the disbursement of their shares of the estate is not nearly as pressing of a matter for them financially. Any advice with this matter would be most appreciated. Thank you.

 

[ALawyer]

I am saddended by the tragedy that befell you and your family.

There is nothing to stop the executor from making a small partial distribution to the 3 heirs, or an advance against your share to you, perhaps at a reasonable rate of interest. If your mother had no Will and the executor / administrator was appointed, then court approval may be needed.

While some very (overly?) cautious lawyers recommend the executor defer any distributions until they can be absolutely certain that there are no claims against the estate at all from possible creditors or for taxes -- and thus say wait for the short (I don't know MD's) statute of limitations to run out -- this seems unnessary in your case.

And if your brothers say they want to do it, it will be done.

But don't ask for more than you reasonably need. They should be understanding. And if it is a hassle for them to go to court, perhaps they could lend you the money or guarantee a small bank loan for you that could be secured by your interest in the estate.