A Grandmother passed away 8 months ago and the two remaining sons are excutor and co-excutor. They have finaly got the trust completed, but know there is a will to devide between 5 grandchildren and the Uncle is still the excutor and he has a lawyer. How much time does one have to get this finished, and do the remainning 5 need to get lawyers themselves? Are there any penalties for taking so long? How or how would one proceed to get it devided up and settled?
2007-03-17 17:27:18 · 5 answers · asked by "D" 1 in Politics & Government ➔ Law & Ethics
So if it has already been 8 months, can we or do we need to take the executors to court to get the will distibuted and finilized. Why does it have to ke so long to get what ever is due to the remainning hiers. Is the excutor financialy reponcible to the hiers for not getting all of the remainning funds and estate delivered to the hiers. (ie) Can we use him for taking so long?
2007-03-18 14:48:56 · update #1
Currently I too am in the middle of having my moms last will and testament probated. And here in Texas the time allowed for probating a will is 4-years. Having mentioned that.There are at least (3-4) types of administrations with or without a will. Therefore in your situation [being a grandson/daughter] named on the will that being the case. You as "anyone" can file a claim of interest towards the will. The thing that you failed to mention was whether or not you as a named benefiary were contacted by her son's lawyers regarding that fact of knowing that grandchildren had been mentioned as your grandmothers other inheriter's... Lots of luck!
2007-03-24 03:57:56 · answer #1 · answered by Anonymous · 0⤊ 0⤋
A will must be executed (signed, etc) before the person dies.
After the person dies, it's too late.
After the person dies, the estate (and will, if any) is proceesed by the probate court, which takes several months.
As for a trust, it depends on the type of trust. One created while the grantor is alive must be done before they die. One created through a will would be handled during the probate process.
Once everything has gone through probate, the executors start distributing assets and handling any legal paperwork required. This can take anywhere from a few months to a year or more depending on the complexity of the estate.
The other heirs do not need lawyers, unless they intend to challenge the will, or unless they believe the executors are committing fraud.
2007-03-17 17:33:05 · answer #2 · answered by coragryph 7 · 0⤊ 0⤋
Execute A Will
2016-10-17 22:03:24 · answer #3 · answered by belsky 4 · 0⤊ 0⤋
2 years in NY.
2007-03-24 16:06:39 · answer #4 · answered by Anonymous · 0⤊ 0⤋
just a will
2014-10-22 13:34:49 · answer #5 · answered by Ernest 1 · 0⤊ 0⤋