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How long does executor have to settle

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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?

Attorney Answers 4


  1. 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.

    This AVVO answer does not and is not intended to constitute legal advice. This answer may also not be used in any manner to either attempt to or actually evade any federal taxes or penalties.


  2. 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.


  3. 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.

    The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.


  4. 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.

    Materials on this website have been designed to provide useful background information about Law Offices of Thomas Sciacca, PLLC. The information provided is not intended to and does not constitute legal advice, and does not create an attorney-client relationship between you and Law Offices of Thomas Sciacca, PLLC. Any communication, including electronic mail, made through this website may not be secure, confidential, or privileged. The information provided in this website should not be considered to be an invitation to an attorney-client relationship and you should not rely on any information provided at this website for any purpose. For legal advice, you should consult with a qualified attorney. Selecting the best attorney for you is an important and personal decision and should not be based solely on the information contained on this website.

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