After a year and a couple of checks written the two executors have not tried to list real estate, a condo, on open market. They and the other heir want to keep it. We do not. We made this clear early on. One exec. was swayed to change her mind now three want it, cheap of course and want us to pay fees to sell our part. There are no outstanding debts only the ongoing expense of the condo. We feel we have paid for a condo that they and family friends have admittedly been using. It was refused to us when we wanted to visit the decedent last year. They have benefited from its use and have made us pay for it. They threaten to put it on the market if we don't roll over. We sent demand for inv. & accounting but were basically given nothing. What is reasonable to the court to hold this open?
There is no hard time limit. Probates take a minimum of 4 months, and 4 months is extremely rare. For most estates 6 to 9 months is common if everything goes smoothly, there are no challenges, and if things like appraisals are not delayed.
For a $500,000 estate, there could be other delays. However, an executor cannot use the property of the decedent for his/her own use. Thus, permitting unwarranted use of the condo is not necessarily legal. The executor might allow family members to use the condo as they have done in the past, but must deal with the estate in a timely manner, and - again - must use the property only for the benefit of the decedent's estate.
Careful not to cause this to explode into a fued - unless you don't care. An attorney can help you with this situation, as attorneys sometimes garner a bit more authority and won't be bullied (if they are good). If the size of your potential inheritance is worth a few thousand dollars - I highly advise this route.
Matthew Johnson phone# 206.747.0313 is licensed in the State of Washington and performs bankruptcy, short sale negotiations, and estate planning in Whatcom, Skagit, Snohomish, King and Pierce counties. The response does not constitute specific legal advice, which would require a full inquiry by the attorney into the complete background of the facts and circumstances surrounding this matter; rather, it is intended to be general legal information based on the limited information provided by the inquirer; it This response also does not constitute the establishment of an attorney-client relationship, which can only be established after a conflict of interest evaluation is completed, your case is accepted, and a fee agreement is signed. Johnson Legal Group, PLLC
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Divorce / Separation Lawyer
A probate where real estate has to be marketed will almost never be done in less than 6 months, and because of the horrible condo market it could take far longer. If you feel the estate is being handled improperly, you get a lawyer (and it sounds like you arer long overdue to have done that).
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I agree with Attorney Ashman. You are LONG overdue retaining your own lawyer. You are in over you head on this and need help dealing with this, while there is still something left.
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