my aunt is the executor of my grandmother's estate and has not deeded a house into my name for 4 yearsa now. Does she have the right to do that? how long does she have to execte the will?
Elder Law Attorney
Your aunt could not be executor of the estate unless the court has appointed her as one. Every state has requirements for the paperwork which needs to be done to complete the transfer of title of real estate to the heirs.
You need to meet with a local attorney to review the case and advise you about its status.
First, you need to meet with a competent, local estate planning attorney. If you do not know one you should get a referral from a friend, neighbor, business colleague or the person who prepares your income tax return. Otherwise, call the local Bar Association. For this type of help you do not wish to rely on advice over the internet from some lawyer who is not licensed in Oklahoma.
Second, for your aunto be the "executor" of your grandmother's estate, that means that your aunt was (i) nominated in your grandmother's estate and (ii) appointed by the local probate court judge. That means there is a file for your grandmother's estate in the local probate court. The probate court has a series of procedures that are to be followed by your aunt in her capacity as executor. Four years is a very long time for a probate to continue. Your lawyer will review the court file and contact your aunt or, if she is represented by counsel, your aunt's lawyer. The question is: what remains to be done to close the probate and distribute the assets.
Third, if your aunt is unnecessarily delaying the process of closing the estate, then you - as a beneficiary - can petition the probate court to speed things up. If your aunt continues to unnecessarily delay the process the probate judge could even remove her. It is most likely that the judge would just order her to close the probate estate and distribute the assets.
Fourth, for your general inforamtion, the probate process consists of (i) gathering the assets together, not in a physical sense, but in an accounting sense; (ii) paying the "just" debts of the estate; and (iii) distributing the assets to the heirs. Usually that can be done in one year.