Also known as: distributes · distributed · distributing · distribution · distributions · distributee · distributees
Written by attorneys · grounded in primary & secondary sources — see below
An allocation of property or funds to persons entitled under applicable legal rules or priorities. The allocation follows statutory or doctrinal ordering such as lien priority after a foreclosure sale or beneficiary interests in a trust or estate.
Dominion Capital held a first mortgage on a commercial building owned by Darrell Duncan. After default the property sold at foreclosure for more than the senior debt. The court applied the surplus first to a recorded junior lien held by Delta Dynamics and then paid the remainder to Duncan.
Denise Donovan deposited settlement proceeds into her trust account while a fee dispute with her client remained unresolved. Once the undisputed portion of the funds was identified Donovan promptly transferred that amount to the client.
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After a foreclosure sale produced excess proceeds the trustee first satisfied the recorded second mortgage held by Duffy Construction. The remaining balance was then paid to the original mortgagor Damian Decker.
A state statute had barred distribution of contraceptives to unmarried adults. After the Supreme Court decision the pharmacy began filling prescriptions for single customers on the same terms as married customers.
Before his death Diego Duarte gave his daughter Doris Duffy a substantial cash sum. The probate court treated the gift as an advancement and reduced her share of the intestate estate accordingly.
A judgment creditor obtained a charging order against a beneficiary's interest in a trust that lacked a spendthrift clause. The court authorized the trustee to pay future distributions directly to the creditor until the judgment was satisfied.
The surplus is applied first to liens terminated by the foreclosure in order of their priority. Any remaining balance is then paid to the holder of the equity of redemption.
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The lawyer must keep the property separate until the dispute is resolved and promptly distribute any portion as to which the interests are not in dispute.
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A gift is treated as an advancement only if the decedent declared in a contemporaneous writing or the heir acknowledged in writing that the gift is to be taken into account in computing the division and distribution of the estate.
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Yes. A court may authorize a creditor to reach the beneficiary's interest by attachment of present or future distributions or by other appropriate means.
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…communities. It follows, they argue, that New York City’s law is inherently incapable of producing the fair and equitable distribution of benefits and burdens of governmental action which is characteristic of zoning laws and historic-district legislation and which they maintain is a constitutional requirement if “just…