I am an heir to a small estate of my mother. Basically, my uncle is the executor, who has disowned me and moved away a few months after the start of probate. I believe he has some dementia. In the begining, he took my mother's will to the same attorney who is handling the estate that some of my mother's assets are being derived. I believe the lawyer is taking advantage of his enmity towards me. How can I get this estate distributed and closed?
2007-12-31 06:09:14 · 3 answers · asked by Nin_jah 2 in Politics & Government ➔ Law & Ethics
Often people expect to receive an estate distribution within a few weeks of the death of a decedent, but they should allow more time. In Pennsylvania, creditors have up to a year after first advertising letters testamentary / administration to file a claim against the estate. Bear in mind that it takes time to gather all assets together, pay claims against the estate, file final income tax returns, as well as state inheritance tax returns or federal estate tax returns if required. Remember that the estate is not the only client the lawyer has. In all probability, all of the estate administration may be being done by the lawyer and his paralegal or legal secretary if your uncle, the executor, is, in fact, suffering from dementia.
Some asset are difficult to liquidate, such as antiques, collectables, antique motor vehicles, etc., and sometimes a personal representative may subdivide land in order to realize a higher price for that asset.
If it takes longer than a year, you should contact the attorney or executor who is handling the estate. Probate court judges can demand that a status report be filed and, on occasion, file a rule to show cause why the estate should not be distributed.
Ask nicely at first, if you get an unsatisfactory response, you should consider having your own lawyer apply some pressure.
2007-12-31 07:44:51 · answer #1 · answered by Mark 7 · 0⤊ 0⤋
Go to teh probate court. ASk them what the time allotment is in your state to resolve probate; ask them if the current state of probate is correct (can often take a year); if there is a problem, ask them about the proceeedure to appoint a substitute trustee/executor.
2007-12-31 15:13:58 · answer #2 · answered by wizjp 7 · 0⤊ 0⤋
Oh hell yeah. Especially if he is allowed to charge the estate for his time.
2007-12-31 14:13:24 · answer #3 · answered by Anonymous · 0⤊ 1⤋