[moonlite]

I found out my father has appointed me Executor of his Will. I am having an issue with disbursing a bit of cash he had saved up. One of the beneficiaries used to collect my father's social security benefits every month. I know for a fact that this beneficiary did not pay my father a penny for 3 months prior to his passing. He collected these benefits and kept it for himself. What is the best way to deal with this issue ? Can I legally suspend probate until this person gives full accounting of these funds ? Or, should I disburse the funds anyway but deduct from this beneficiary what I know he owes the estate ? Thank you for any advice.

[Fr_Chuck]

You will need to notify them and give them a chance to explain their actions and show any money paid out for your father.

[ebaines]

If the assets in the state that this person is due to inherit is geater than the amount he took, then I would agree that the best course is to treat the money as an early distribution of estate assets from your father. This can be handled by making that person's distribution from the estate smaller by the amount he took. When you divide up the estate assets among heirs you include this amount as an asset, divide it among the heirs, and reduce the payout to this person by that amount.

As Fr_Chuck says - you should inform each heir as to what is happening. Calling it an "early distribuition" can avoid arguments that might arise if you accuse him of stealing.