My father did not have a will. By law I get 2\3 of his estate. I am an only child. His wife is executor of the estate and her lawyer is doing the draft this week. He (the lawyer) said this should have been handled already. My father has been gone for well over a year. Tired of waiting. Thank you.
There is no such thing called an "estate draft," so it is not clear what you are asking. There are numerous documents that are required to be prepared as part of probate, including notices to heirs, annual inventories, and annual accountings. There is no time limit on how long probate can take, but it typically takes a minimum of one year from the date of death until assets are distributed.
Evan Farr is Certified as an Elder Law Attorney by NELF (National Elder Law Foundation), which is approved by the American Bar Association, and is a member of the Council of Advanced Practitioners of NAELA (National Academy of Elder Law Attorneys). Evan is licensed to practice law in Virginia, DC and Maryland, none of which have procedures for approving certifying organizations. NOTICE - Unless expressly stated otherwise, this communication: (1) is not legal advice absent an existing attorney-client relationship between us; (2) does not create an attorney-client relationship; (3) does not constitute an offer, acceptance, or contract amendment; (4) may contain confidential or legally privileged information protected by the attorney-client relationship and/or work product privilege; (5) is only for the use of the individual to whom it is intended by the sender to be sent, and if you are not such recipient, disclosure, copying, distribution or reliance upon this communication is prohibited; and (6) is not intended, and cannot be used, to avoid tax-related penalties pursuant to treasury department circular 230.
If you're asking how to create the estate plan that will later control how assets are distributed, then an estate planning attorney would likely meet you to collect information about the goals and assets to address in the estate plan. You'd then discuss the best solution, such as a well and a living trust. There are ancillary documents to consider, such as a medical directive and power of attorney. You should be able to find an attorney to prepare an estate plan promptly--perhaps 1-2 weeks based on your availability to meet or talk two or more times.
My condolences for your loss. I agree with my fellow colleagues and their answers.
You want to be in contact with the attorney doing the work to round up the estate and assets.
Best of luck.
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