- 51 - the personal representative refuses upon demand to pay a disposition or distributive share, the person entitled thereto may maintain an appropriate action or proceeding against such representative. * * * * * * * * * * (d) In any action or proceeding to compel payment of a disposition or distributive share, the interest thereon, if any, shall, in the case of a disposition, be at the rate fixed in the will or, if none is so fixed, in any case at the rate of three percent per annum commencing seven months from the time letters testamentary or of administration are granted, unless the delay in payment was unreasonable, in which case interest shall be at the legal rate for the period of such unreasonable delay. EPTL section 1-2.4 defines a disposition as "a transfer of property by a person during his lifetime or by will." EPTL section 11-2.1(d)(2) provides as follows: (d) Income earned during administration of a decedent's estate. * * * * * * * (2) Unless the will provides otherwise, income from the assets of a decedent's estate after the death of the testator and before distribution, including income from property used to discharge liabilities, shall be determined in accordance with the rules applicable to a trustee under this section and distributed as follows: (A) to specific beneficiaries the net income from the property disposed of to them respectively; (B) to all other beneficiaries, except beneficiaries of pecuniary dispositions not in trust, the balance of the net income in proportion to their respective interests in the undistributed assets of the estate computed at times of distributionPage: Previous 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Next
Last modified: May 25, 2011