Ask a Lawyer - Archive

My parents got divorced and that was finalized. My dad died before everything could be split and now we are splitting up the inheritance. How long on average should that take before some or all of the money can be given out?

It is usual estate practice to start distributing an estate to its beneficiaries only when all the debts, taxes and administration expenses have been ascertained and money or property has been set aside to fund them. An executor usually will not start distributing the estate until at least 7 months have elapsed since his/her appointment as executor because once that has occurred, he/she can no longer be held personally liable for those obligations. If an executor distributes any part of the estate before the 7 month period has ended, he /she can be held personally liable for those obligations.