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Constanceb · Dec 16, 2010, 11:12 AM

My late father left me 5,000.00 and it is written as such. His will has been under Contestment between my two younger siblings, since June 2009. I am not part of the contestment. They have gone to mediation, a settlement is apparent, with one issue unresolved, to date. The financial statement regarding status of Estate was recently received from the Court appointed administrator. This statement shows that the amount of my inheritance remains available. My question; Is is possible for me to obtain my inheritance at this point in time, regardless whether the settlement is final? If so, what is the procedure?

twinkiedooter · Dec 17, 2010, 01:05 PM

The only way to get your inheritance at this point is when the Judge signs such an Order releasing these funds directly to you. If the Judge hasn't signed anything then you can't get it until he does.

You could file a Petition to the Probate Judge for the funds to be released to you but more than likely the Judge won't do this until the attorney's fees have been paid in full for the estate and the final probate of the estate has occurred. You may owe a percentage of the attorney's fees for handling the estate.

There is no getting around a final accounting sheet showing that the attorney's fees have been paid in full. No Probate Judge will release an estate unless all of the paperwork is in order.