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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33802
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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I'am the executor of my uncles estate, can I spend the money

Customer Question

I'am the executor of my uncles estate, can I spend the money in the account that was left to me, before it has been in estate account for 1 year as long as there is enough money to pay family members when the year is over? All his bills have been paid.
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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Can you tell me what state this is in?

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Are you referring to the creditor claims period for the estate?

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thanks

Barrister

Customer: replied 1 year ago.
virginia
Customer: replied 1 year ago.
how much does this cost me?
Expert:  Barrister replied 1 year ago.

The cost is just whatever you put down as your deposit for the question. There may be a slight delay in my responses as I am normally working with several customers at once. I will close your other question so you arent' charged for that while I work on this one..

Barrister

Expert:  Barrister replied 1 year ago.

As for spending the funds from the estate, if all debts have been paid, inventory filed, and an accounting has been filed with the Commissioner of Accounts, then you can ask for permission from the Commissioner to begin disbursing assets if at least 6 months has expired from the time that you were appointed.

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After the request has been made and a debts and demands hearing has been held with no creditors unpaid a report will be issued by the clerk. Once it has been confirmed and at least six (6) months have elapsed since qualification, the personal representative may file a motion for the entry of a show cause order by which interested parties must appear before the court to show any reason why the court should not allow the distribution of the estate. If the court grants the motion, a date for the show cause hearing is scheduled and the show cause order is published once a week for two consecutive weeks in one or more newspapers.

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At the show cause hearing, the court decides whether or not the assets should be distributed. Once the order of distribution has been entered, the personal representative is protected from claims arising at a later date as long as he or she distributes the assets in accordance with the court order

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But no, you can't spend the estate assets on non-estate debts unless you get permission from the Commissioner to begin disbursing assets.

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thanks

Barrister

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