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LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 35376
Experience:  I am a practicing attorney with more than 30 years of experience in the legal field.
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I was named as a beneficiary in a friends will for $50,000.

Customer Question

I was named as a beneficiary in a friends will for $50,000. I just received a form letter from Estate Lawyer telling me there was not enough money to fulfill this amount. I was offered a pro rated amount of $13,000. Do I need legal re
JA: What state are you in? It matters because laws vary by location.
Customer: PA
JA: Has anything been filed or reported?
Customer: yes probate has been done
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 2 months ago.
Category: Legal
Expert:  LawTalk replied 2 months ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

It is not all that unusual that a will which provides for beneficiaries and sets out specific number or items will fall short if the person dies and after payment of all creditor claims and costs of administration of the estate are paid.

When this happens there must be an abatement (reduction) in what some beneficiaries receive. Because you were granted a specific amount of money, your gift would be the last of 4 categories to be reduced---meaning that you would be most likely to get the full amount. You will want to retain a local probate attorney to communicate with the Estate Lawyer and ensure that the abatement of the estate has been done properly, because if it has not been, then you would likely be entitled to a greater amount of money that what is being offered to you.

Here is an article about abatement when an estate lacks the funds to pay all the beneficiaries according to a will: http://estateplanninginfoblog.com/2011/06/abatement-101-which-beneficiaries-bear-the-brunt-of-a-reduced-gift/

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 2 months ago.

Hi,

Is there anything else I can assist you with today?

Doug

Expert:  LawTalk replied 2 months ago.

Good afternoon,

It is possible that your questions and issues might be better served by an in-depth conversation with me. If you are interested, for a very nominal charge I can offer you a private phone conference.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,

Doug