When you dont agree on intestacy distribution?

Answer 1

Intestacy distribution is governed by state law. The formula is easily followed when the property is cash or the proceeds from sale of property. However. if the heirs-at-law cannot agree on a fair division of personal property then the settlement of the estate can become more difficult and more expensive.

The administrator has the power and the responsibility to make distribution of the property. In a "friendly" administration where everyone co-operates the family can usually decide on how the property will be divided. If the heirs disagree, the distribution process becomes more costly. The property must be appraised. The administrator can then make a fair distribution based on the fair market value of the property or the property can be sold and the proceeds divided equally according to statutory provisions. If the last method is used, the cost of the appraisel will be deducted from the proceeds and the sale of the property may not yield a very high return. Items of sentimental value will be sold.

The bottom line is that refusal to co-operate will result in a diminished value of the estate. The family needs to meet and the realities must be understood and discussed by all. Perhaps the attorney who is handling the estate can act as the moderator or suggest a mediator who could act as a disinterested third party. However, everyone should keep in mind that the court appointed administrator can choose to go above the squabbling and divide the property as fairly as possible.