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I was named as a beneficiary in a friends will for $50,000.

Customer Question
I just received a form...
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: 1 year ago.Category: Legal
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Answered in 11 minutes by:
9/21/2016
Lawyer: LawTalk, Attorney replied 1 year ago
LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 37,855
Experience: I am a practicing attorney with more than 3 decades of experience in the legal field.
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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

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Lawyer: LawTalk, Attorney replied 1 year ago

Hi,

Is there anything else I can assist you with today?

Doug

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Lawyer: LawTalk, Attorney replied 1 year 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

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LawTalk
LawTalk
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Category: Legal
Satisfied Customers: 37,855
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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