Estate Question - Dispursing monies to benefactors

[Steelers Rule]

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

Here are the facts, my ultimate question is can the money from the sale of assets be divided among those benefactors in the will yet still leave the estate open.

FACTS

There are 3 benefactors - all step children
Executor is a stepchild of the deceased
Deceased has 4 blood children, none listed in the will.
All assets have been sold
All bills have been paid
Blood children did not contest the will.

Here is the overhead issue. There is a potential wrongful death suit pending, only the executor can bring about the wrongful death suit. The blood children have to be a part of the suit as far as receiving any money awarded, yet, they can not bring about a suit without the Executor filing. So it is agreed that any money received from the lawsuit would be divided 7 ways evenly between the 3 step children listed as benefactors, and the 4 blood children. If it matters their is a will acknowledging that the deceased has 4 blood children and is purposefully omitting them from the will or benefits. The will was a will done previous to the existing will that was filed.

So back to my original question, can the money that is in the bank (From the sale of Assets) be divided among the listed benefactors now and leave the estate open? We are being told none of the money can be divided till the lawsuit plays it's course, I would think that is incorrect.

Thoughts?

 

[Dandy Don]

The correct term is beneficiaries, NOT benefactors. WHO is telling you that the estate must be left open--is it the executor or someone else? Of course that person is incorrect. Ask that person to cite you the specific law that confirms what they are alleging, and they won't be able to. The beneficiaries need to hire their own probate attorney to intercede for them to inform the executor of what should be taking place so that you all get paid.

 

[Steelers Rule]

The correct term is beneficiaries, NOT benefactors. WHO is telling you that the estate must be left open--is it the executor or someone else? Of course that person is incorrect. Ask that person to cite you the specific law that confirms what they are alleging, and they won't be able to. The beneficiaries need to hire their own probate attorney to intercede for them to inform the executor of what should be taking place so that you all get paid.

It was the attorney that is representing the Beneficiaries in the wrongful death suit, he is handling the estate for free and has done the wrongful death suit contingent on receiving anything, it's not like we would owe him money. He obviously is not an estate attorney, thats why I am posting here, I think he is full of bull.....
I am beneficiary, my sister is Executor. My step father has not seen the blood children for 25 years, if that matters.

 

[anteater]

I don't see why an interim distribution could not happen. I don't know any state that prohibits such distributions. Don't know if Alabama requires it, but, in any event, would be a good idea for sister to get the court's approval before doing so.

 

[Dandy Don]

If the attorney who is handling the wrongful death lawsuit has no experience in probate matters, you would be wise to get a second opinion or your questions answered by a different probate attorney.

 

[justalayman]

If it matters their is a will acknowledging that the deceased has 4 blood children and is purposefully omitting them from the will or benefits. The will was a will done previous to the existing will that was filed.

Huh?

the most recent will will rule as long as it is ruled valid. Kind of sounds like you are working from an older will that will be superseded by the newer will.