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Executor won't fulfill obligations

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M

McRool

Guest
What is the name of your state?What is the name of your state? PA

Okay, brief synopsis: My grandfather, who lived in CA, passed away in Jan '04. I received a phone message from his son/executor at the end of April stating that I had been named a beneficiary, that the taxes had been paid and that he would be sending me the money. There are hard feelings between us and I did not return the call. He then notified both my mother and aunt in June that the would be sending me a check certified mail. I did not receive a check, but a letter stating that he was "writing to fulfill his legal obilgation by informing you that you are a recipient of the 'distribution of personal property of ***'" and that I could reach him by phone or mail. I wrote to him and as of this date have heard nothing further. I am assuming that he intends to drag this out as long as he can.

Questions: Just how long can he drag this out? and from reading other postings my understanding is that 1) I call the Contra Costa County clerk to learn if the will has been filed for probate, 2) if it has, I request a copy and 3) I have to hire a probate attorney in CA?

I would appreciate any response at all--ASAP, as I am a single mom whose '92 Dynasty just broke down :( and a daughter going to college next month :eek: . HELP!

PS Would it do any good to have an attorney from PA mail him a letter just "reminding" him of his "legal obligation" to distribute the money per the will?
 


Hello from Minnesota
My husband's uncle's estate took 5 years before he saw any money. My
mother's estate took 1 1/2-2 years. It depends on what all he had to be distributed, the State laws concerning probate and sometimes not just the
executor but the Attorney dragging their feet. Don't be so quick to get upset about it yet, just call a local attorney in your area and let them know which state you are talking about and ask them how long. That is if you don't get an answer on here. The call is free. He did make the initial effort to let you know where you stand. Your money will not be given to him, it will be given
to him in the form of a check written to you. Things can drag on sometimes
because there is a lot to do with the finances, taxes, home or whatever he had. The court has to make sure that there are no liens on his money or his property before it can be sold and Or distributed to the hiers. With my mother's estate we could not find the paperwork on her stocks and while searching for it found out she had another approximate 80,000. that nobody knew about with the same company. The 2 added up to about 115,000. and we had to pay 2,000. for no paperwork to have it split into 5 seperate accounts as some of us wanted to leave it there and some of us didn't. It was deducted from our payout. I wouldn't say he is dragging his feet just yet. An executor has an awesome amount of work to do that most of us are unaware of and sometimes the executor doesn't know about either. You said you wrote to him but did not receive a response. Something new may have come up but I would send him off a second letter and ask him. You can also ask him if you could have a copy of the will and if he would like reimbursment, a lot cheaper than buying a copy. Ask him how many pages and how much per page as mine was .25 a page to copy on a copy machine approx. 15 pages. It doesn't hurt to ask. I think it cost me 20.00 for a copy of my grandpa's will in 1998, (2 pages,) 38 years later from the county. Keep a copy of all of your corespondence with him and don't expect a check tomorrow or you just set yourself up for disappointment. Good Luck ~Mary~
 

BelizeBreeze

Senior Member
O.K. now as to the specific answers:

Would it do any good to have an attorney from PA mail him a letter just "reminding" him of his "legal obligation" to distribute the money per the will?
That is something that only he can answer. But an attorney from PA would have no effect on California law since, to have standing the attorney must also be licensed to practice in California.

Just how long can he drag this out?
From one day to 40 years. It depends on the size of the estate, the tax implications, time, money and the phases of the moon.

I call the Contra Costa County clerk to learn if the will has been filed for probate
IF probate has been filed, then you can request a copy of the will for a small copy fee and postage be sent to you. At that point it's a personal decision whether or not to hire a probate attorney.

Now, all that being said, the simple solution is to call the brother and ASK when you can expect the promised distribution and if longer than expected, what are the reasons it is being delayed.

Or did that ever cross your mind?
 

Dandy Don

Senior Member
It would not do any good to have a Pennsylvania attorney contact your brother--he would, if he wanted to, just continue to ignore that request.

The problem is that the estate is probably still being probated and there may be 1 or 2 more probate court hearings needed before the situation is resolved and payout to beneficiaries is ready. Yes, it is smart to get a copy of the will, but if you can afford it, order a copy of all the other documentation in the probate file so you can get a glimpse of what has taken place so far.

If you want some idea of when approximately you will be paid, there is no other way to get a definitive answer except to contact your brother, and even then he might not know because there are other probate cases that must be held in court and no one can accurately predict how long it will take.

DANDY DON IN OKLAHOMA ([email protected])
 

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