Is there a time limit when someone dies to claim or do something about their property?

Question

For example my grandma died she left the house under my aunts name for her to divide amongs 2 other siblings and herself. it's been 4 years since my grandma died and nothing has been done the house is empty and she won't do anything does anyone know?

Answer 1

Check with the office of the Register of Wills in the county where the decedent lived. If the will was probated, it will be filed of record there. It is important to find out who is the personal representative (executor or administrator of the estate).

It is unclear from your question whether Grandma gave Aunt the real estate outright or as a life estate with remainder to others. You seem to be saying that the household contents were to be distributed as Aunt may deem proper, in her discretion. I would be able to give a better answer if I had a better understanding of the facts of this case.

If Aunt has made disposition of personal property, she should have let all parties in interest know how it was distributed.

If nothing has been done in the administration of an estate, you can have a lawyer petition the court for an accounting of what has been done in the administration of the estate. An accounting for the estate would show what was received, what expenses and taxes were paid, what distributions were made, and what the personal representative proposed to distribute. A personal representative of an estate is personally liable for any breach of duty.

From that point on, the lawyer can file a papers to force the personal representative to do what is required in the administration of the estate, or, in the alternative, have the personal representative removed from the administration of the estate.

It appears from what you have presented in this question that this is an issue you will not be able to resolve without hiring an attorney.

Answer 2

Is it in probate? You should get it into probate. If she won't deal with it, then you need to have the courts force her to.