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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33738
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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My mother passed away several weeks ago Her will was quite

Customer Question

My mother passed away several weeks ago Her will was quite specific. All proceeds of her will shall be divided 3 ways, my a brothers and myself. My mother held a considerable amount in bonds, annuities and other investments.
My brothers are the executor of the state.
A paragraph in my notice states these monies may held from me if they so believe that the inherirane would better be served if the bonds, stocks etc be divered without my knowledge and upon their discretion, may allocate them to me if they so fit.
I am not an attourity and other than my mothers simplified will I don't know how they can disperse the monies whenever they desired'
Thank you for your help cathy martin Bardolf
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Normally what this means is that the executor can deliver either cash or the bonds to make up your portion of the inheritance in their discretion. So your 1/3 might be in cash, or might be in bonds... But that doesn't affect when the assets can be disbursed.

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Under PA law, once the probate case is filed and the estate opened, there is a one year "creditor claims" period for any creditor, known or unknown, to file a claim against the estate. So a prudent executor won't distribute anything prior to that year expiring so they aren't potentially held personally liable.. So it will likely be a little over a year before any assets are distributed to the heirs..

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thanks

Barrister