Legal Question in Wills and Trusts in Georgia

Can we receive any money before will has gone through probate

My wife became the beneficiary of some money from a deceased friend about four months ago. I guess the will is in probate court now..we have a baby on the way and want to know if we can get a small portion of the money in advance some way??

Thanks

Josh


Asked on 1/22/04, 1:49 pm

1 Answer from Attorneys
Harold Holcombe Harold D. Holcombe, P.C.

Re: Can we receive any money before will has gone through probate

You need to talk to the Executor of the estate. However, since they have a fiduciary duty to pay all the debts of the estate first, including taxes, etc. sometimes it takes a while. They might be willing to make a partial distribution, but they are ultimately responsible to the Court and the heirs for any problems which could arise if they send out payment too early.

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Answered on 1/22/04, 2:36 pm


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