How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Law Pro Your Own Question

Law Pro
Law Pro, Attorney
Category: Estate Law
Satisfied Customers: 23811
Experience:  20 years experience in estate and trust planning, probate, and wills
11688690
Type Your Estate Law Question Here...
Law Pro is online now
A new question is answered every 9 seconds

what percent is a partial distribution of an estate After

Resolved Question:

what percent is a partial distribution of an estate? After all parties have received the partial distribution when can the remaining estate funds be expected to follow?
Submitted: 5 years ago.
Category: Estate Law
Expert:  Law Pro replied 5 years ago.

A partial distribution is anything less than a full final distribution. What usually occurs in this situation is that the personal representative has approximately added up the assets and the liabilities and feels certain that they can make an early distribution without incurring personal liability if the assets can't pay off the liabilities.

 

If a personal representative makes an early distribution they may be personally on the hook if the balance of assets can't pay the decedent's creditors/liabilities when finalizing the estate. For example, the personal representative makes an early distribution to the heirs in error and then they spend all the monies. If the personal representative can't get the monies back from the heirs then they are liable personally for the debt - because there was at one time money to pay the creditors/liabilities.

 

It's a personal decision as to how much the personal representative makes if they make an early distribution - there is no rule of thumb - it's totally at their discretion.

 

So, without knowing what exactly is in the estate and what the debts are, I would have no way of even guessing what you could expect as to a final distribution. Only that the personal representative was being kind in making an early distribution because they didn't have to do so.

Customer: replied 5 years ago.

There are no liabilities on this estate so I can assume that this partial distribution was a payment in full to all heirs and that it was a partial distribution because it was an early distribution?

Expert:  Law Pro replied 5 years ago.

No, to the contrary. However, I just can't say for sure - one never knows what a personal representative wants to do or is doing unless you ask.

 

You will know when there has been a final distribution because the personal representative has two options to close out the estate:

 

1) family settlement agreement - sending all heirs a final accounting and requesting their acceptance of such and having them sign off on the accounting and then filing such

 

or

 

2) a formal final accounting reviewed and signed off on by the court/judge

 

So, I don't think that this was a final distribution. To the contrary, I think there is more to come (even a nominal amount) but one never knows.

Law Pro, Attorney
Category: Estate Law
Satisfied Customers: 23811
Experience: 20 years experience in estate and trust planning, probate, and wills
Law Pro and 4 other Estate Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
< Last | Next >
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
  • Thanks Adam!! - A very direct and understandable response - you have been a great help! Happy Customer Ellicott City, MD
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
< Last | Next >
  • http://ww2.justanswer.com/uploads/MC/mclemorelawyer/2011-9-21_193631_IMGP8718Version2.64x64.jpg Thomas McJD's Avatar

    Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Attorney

    Satisfied Customers:

    3781
    Licensed attorney helping individuals and businesses.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    2188
    13 yrs estate law, real estate. Wills/Trusts/Probate
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg RayAnswers's Avatar

    RayAnswers

    Attorney

    Satisfied Customers:

    1484
    Texas lawyer for 29 years in Estate law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Attorney

    Satisfied Customers:

    1226
    Experienced in multiple areas of the law.
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Attorney

    Satisfied Customers:

    770
    12+ yrs. of experience including estate law.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    754
    Fully licensed attorney in Texas in private practice.