An executor may voluntarily make an advance distribution to a beneficiary in need. If an executor refuses to help a beneficiary who has demonstrated need, the law provides a process whereby a petition can be filed with the Surrogates Court to order an executor to make an advance distribution to a beneficary in need.
The beneficiary / petitioner must demonstrate that the distribution is required for his education or support for him and his family. Thus, the law recognizes the importance of estate beneficiaries maintaining financial stability during a long period of estate settlement.
New York Trusts and Estates Attorney Robert Adler has helped many clients resolve issues relating to probate and estate administration matters in Manahtten, Queens, Brooklyn, the Bronx, Nassau County, Suffolk County, Westchester County, Rockland County and Orange County. If you have any questions regarding these matters, please contact Attorney Robert Adler at (212) 843-4059 or (646) 946=8327.