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How long for PR to close an estate?

Gainesville, FL |

It has been about 10 months since all matters except one was settled in an estate. That matter is that a relative of the PR has to raise some money to pay the estate to keep something in her name. The PR gives no reasons for the extension of time request to the court on the document for extension of time. He has just requested another one, the same story, no reason. Does the court have some limits to the number of extension requests without a cause stated? How can I get this confronted without expense to me and of course, hard feelings among family?

Attorney Answers 3

Posted

There are no hard-and-fast rules as to how long an estate can remain open. In Broward County, where I practice, the judges generally stamp the Letters of Administration with an order that the estate must be closed within a year (unless the estate requires a federal estate tax return be filed, then it's two years). Motions to extend the time to close an estate are generally granted. If you have an interest in the estate you can file an objection to the motion for extension and tell the judge why you are objecting. Interactions with family members that involve judges and courthouses generally lead to hard feelings.

The contents of this answer should be considered friendly advice, not legal advice and the answer should not be construed to constitute an attorney-client relationship. If you'd like actual legal advice, call me at 954-567-4100. Also, if you liked this answer did, be sure to click the thumbs-up button

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Posted

The prior attorney offers sound advice. 10 months is really not a long time for an estate administration and the risk of family conflict should definitely be weighed in the balance here. A little more patience may yield better family relations.

Hope this helps.

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Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website for more tax, estate and business articles is www.sjfpc.com. and his blog is

LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is <http://frommtaxes.wordpress.com/> Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

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Posted

Your question raises many issue. The most important seems to be your focus on family harmony. Unfortunately, other than asking nicely to the PR, there is not much you can do if you are concerned with the way your family will respond. The only thing you really can do is to file an objection to the the PR's actions with the court.

The PR is breaching their duty, but you have to weigh you options. While 10 months may seem like a long time, it really isnt in the probate process. You have to decide how long you are will to put up with this for family harmony purposes.

Regardless, you may want to consult an attorney in the county where the probate is being conducted. You may find an attorney willing to give you half hour of their time.

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

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