Check out some similar questions!

dld31419 · Feb 4, 2010, 01:45 AM

I am one of three heirs to an estate which contains some liquidity, has 3 C.D.s ($100,000ea.), large home and land (no liens), farm property with home, several large buildings and 150 acres of potential revenue producing land (no lien -gifted to parent over 75 years ago). Parent died 10-2009. Initially, C.D.s listed beneficiaries and P.O.D. designation; I am now informed that deceased parent removed beneficiary and P.O.D. designations on the three C.D.s prior to death. Is it possible to get a loan against a portion of my inheritance ($25,000) just based on one of the C.D.s - Have not been informed of total value of Estate, to date, but it is in probate - It could take years to complete requirements of probate because of depressed real estate values -Executor states there will be no partial distributions made because of tax liabilities-doubt estate is over the 3 Million amount - Executor is non-communicative with two other heirs- Your thoughts? What do you know about Inheritance Funding Co? Is it like a bi-atical sale on life insurance value? State of GA.

Fr_Chuck · Feb 4, 2010, 07:00 AM

Most likely not, since they can not put a lien on something that is not yours yet.

You can or should get a probate attorney that is going to work for you, or perhaps work for all three heirs, there is no reason this can not be cleared though probate in months if all heirs agree. In fact the three heirs can even challenge or fire the executor if they are trying to drag it out, It is done though probate court.

So the home value is less now, that does not mean you wait years to settle, you settle at current values,

Someone has other interests and you are being sold a fairly tale.

ScottGem · Feb 4, 2010, 07:06 AM

Actually, there are lenders who will loan you money against an inheritance. You need to shop around to find them. Generally they are very expensive (high interest rates).

The executor has a fiduciary responsibility to the estate. He may feel, that, since the property value is depressed, he wants to wait until its higher.

You are entitled to an accounting. Ask the probate court to order one. If you feel the executor is not acting in the best interests of the estate and the beneficiaries you can challenge the executor's actions.

ebaines · Feb 4, 2010, 07:23 AM

Let's not jump to conclusions as to "how fast" the estate could be settled. Since this one involves the IRS you can expect at least 1 -1/2 years from time of death before the estate is settled. It's not unusual for the IRS to be late in responding to the filing of the estate tax- they are supposed to clear estate tax filings in 9 months from time of filing (which is typically 9 months after death - hence the 1-1/2 year benchmark). But they often take longer - it's not unusual even for relatively simple estates to take over 2-1/2 years from time of death to clear. And the executor can't distribute all monies until he gets the final go-ahead from the IRS - otherwise he could be in the messy situation of having to ask heirs for some of the money back if the IRS determines more is due.

Having said that, it would be reasonable if once the estate tax form is filed and taxes paid, the executor could distribute a portion of the liquid assets to the heirs at that time, and hold on to the balance until the IRS says OK.