Legal Question in Wills and Trusts in Massachusetts
It has been one year and still waiting for distribution from estate. The attorney handling the estate said the estate has to be closed by the court before the money can be distributed. Is this so cause I know of other people who have received distribution before it was closed in court.
2 Answers from Attorneys
Technically, distributions are not to be made until the estate is closed or the court approves interim distributions. However, depending upon the size and complexity of the estate, a partial distribution can be made so long as the executor is convinced that there are no pending unpaid claims et cetera. However, such distributions are subject to being recalled if a claim is made that execeeds the retained amount.
If the estate is a year old and there are no unresolved and unpaid claims, a final accounting needs to be sumitted and approved before final distribution.
Sometimes if there are no palpable problems, a partial distribution can be made.
The year deadline is for the accounting that must be agreed to by the beneficiaries, and/or approved by the court.
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