I called estate lawyer to day and has told he can not speak to me about this case.executor and I can't stand each other.probate has granted 13 months ago and property sold 3 months ago.no creditors,a small mortgage,broker fees and legal fees.it has set up as a trust.what is the normal amount of time an executor has to settle after house sold and all bills paid?
Estate Planning Attorney
The attorney represents the Executor. You are entitled to your own lawyer. You should consider filing a Demand For Notice with the Court. You can also refer to your state's laws about the time frames involved with different aspects of estate administration in your state.
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Brain Injury Lawyer
The answer, unfortunately, is that it depends. There are many reasons that the final settlement of an estate can be delayed. If you believe that the executor is sitting on his hands, and you are an interested party - someone who is a beneficiary of the estate - you are certainly free to send a request to the court asking for a status. Judges don't like delays, especially in simple estates. Hiring an attorney may be the best way to get the answer you desire, however that will have expense associated with it.
What State are you in? Regardless, there is no formula but a rule of thumb is that 12 - 18 months is ordinary and thus reasonable. As you get past a year, you start having to justify the reason for the delay. Valid reasons are sales, paying creditors, paying taxes.
Note, the executor's attorney does not represent you and does not owe you any allegiance. If you have issues, consult a local probate attorney.
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Estate Planning Attorney
If you are a beneficiary, you should consider compelling an accounting. You can get the forms (fill-in-the-blank) in the Accounting Department of the Court that probated the Will.
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