Family Estrangement Issues

This situation is taking place in the state of NY. My mother has some questions about her recently deceased mother's will. My mother is the youngest of 4 children. She is estranged from her older brother and sister. When my grandmother passed away, her house value was to be split equally four ways. My mother's other sister is under some financial strain and is living in my grandmother's house. My grandmother passed away 12/00. As a result, my mother's brother (who is executor of the will) and sister are holding out on completing the process of dividing up the money for the house out of spite toward my mother. What type of time frame does my mother legally have in receiving her share of the house? Does she have a legal foot to stand on??

Thank you for your help,
Patricia

It is AMAZING how some people assume that spite and malice is involved when nothing of the sort may be going on. The death occurred only 9 months ago, and unfortunately these things can often take time, and particularly when there is bad blood in the family and thus the executor has to do everything by the book or risk being sued.

The executor is not in a race to distribute money to the heirs. All the assets, including the house has to be gathered, valued, made ready for sale, and then sold. In New York getting a house fixed up, listed with a realtor, getting an acceptable offer, a contract signed and then closed takes time. (Sometimes court approval is also needed.) You do not seem to suggest that anyone is delaying that or stalling to live in the house rent free. You seem to be assuming that no sooner than the property is sold the money is paid to the heirs of the estate.
That's not the way it is.

There are potential claims that may be filed against the estate by creditors and others who may come out of the woodwork. There are likely taxes that have to be paid on income, etc. AND if the estate was "large" there may be estate tax - Federal or State (and NYC if she lived there). Typically the estate tax return isn't even filed until 9 months after the death, and it may take months or years to get a clearance from IRS. No executor wants to pay out the money and then risk the IRS or a possible creditor out there coming after him or her!

Then there often has to be an "accounting" filed with the Surrogate's Court and approved.

USUALLY an executor MAY make partial pro-rata distributions if and to the extent that he or she is fairly certain that there will be no claims against the estate or taxes due. BUT most hold on to the money, or the rest of the money, until they are really comfortable everything is clear. If others have gotten their cash inheritances first, then you'd have cause to complain. Otherwise, sit tight. Get your mom to get her own lawyer to represent her interests if there is suspected hanky panky. But don't assume the worst or attribute spite just yet.

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