Estate beneficiaries are not always in agreement on how the estate should be distributed. This situation is exacerbated by an unclear will or absence of a will.

The estate administrator or executor has the final say in estate distribution. When a distribution can be made in more then one way, it is often best to get beneficiaries involved in the decision making process. This avoids later misunderstandings and even litigation.

The estate administrator or executor is the first person we turn to when attempting to resolve distribution issues. However, all of the administrator/executor's distributions are subject to the court's review, and major distributions are subject to the court's approval. So if an administrator or executor fails to yield to a reasonable request of a beneficiary, the beneficiary should seek court intervention.

We will now go over a few common situations where property distribution can be made in more then one way.

• Sell or Keep? – If a substantial item of real estate is left to more then one person, some beneficiaries might want to sell the property, while other beneficiaries might want to continue using the property.


• Who Gets What – With different items of similar value, who gets which item? The list of examples is endless - piano or guitar, boat or car etc. If feasible, it might work to liquidate the items and split the proceeds so that both parties will end up with similar items (i.e., sell the boat, so that both beneficiaries can buy a car). In most situations, this is not an option, and a distribution disagreements ensues.


• Items with Intangible Value – Personal items and items with intangible value, such as family mementos and jewelry are often subject of distribution disagreements.


• Unique Items – Items that are impossible to substitute or are one of a kind can be a subject of a disagreement.



• Difficult to Valuate Items – Property with value unknown, or value that is volatile, is difficult to distribute. Patents, creative work such as music and art, can go up or down in value with time. Professional valuation is usually required, but even such valuation is not always accurate and varies from one appraiser to another.



• Works of Art – Choosing works of art is a matter of taste. What happens if both beneficiaries have the same preference, and both of them prefer painting "A" even though it's valued the same as "painting B"?

At the Law Offices of Albert Gurevich, we take valuation issues seriously, and are willing to invest the time and effort to achieve the best possible distribution for our clients. Call the Law Offices of Albert Gurevich at (212) 233-1233 and make an appointment to discuss your valuation dispute.