Legal Question in Wills and Trusts in Massachusetts

Re: distribution of assets

There is no real time limit. The executor cannot distribute all of the assets until it is clear that all debts of the deceased and expenses of the estate will be covered.

You must confront your uncle to get answers. In the alternative, you can go to the Probate Court and view your grandmother's estate.

If you are uncomfortable confronting your Uncle directly send a polite letter to him or his attorney requesting further information.

If you require any further assistance, please do not hesitate to contact this office.

Re: distribution of assets

It depends upon the nature of the gift, and whether it is part of the residue or a specific bequest (i.e., part of what's "left over" after all specific gifts, or a specific gift of money or property.)

Generally, if there are sufficient assets in the estate, specific gifts are paid first, and distributions of the residue may be made in phases.

If there are any pending suits or claims, or an estate tax return which has not been finally accepted, the executor may hold the estate open longer, and hold a reserve against additional taxes until the estate tax return is accepted.

If your mother hasn't asked your uncle when she might receive the final amount, it might make sense for her to do so. Ultimately, your uncle will likely need to file his accounts, showing final distribution of all assets of the estate after payment of all debts, administration expenses, taxes, etcetera. If he is unresponsive in regard to your mother's distribution, she can demand that he file his accounts.

If she needs legal assistance, please feel free to contact my office to arrange a conference.