excutor to will?

[dgriffin]

Hi,

I am looking for help on different aspects of my grandmothers current estate distribution. This is NH state laws and regulations.

My aunt is the excutor to a will for my grandmother. My uncle and my mother are the other two people recieving the money my grandmother left.

The problem here is that my grandmother left no information within her will about any other items other than her money in her bank accounts and who was to be the executor.

We are wondering about some things.

1. Is there a certain time allowed for my mother and uncle to grieve before they are required to start emptying the estate after my grandmothers death? My aunt is currently looking to sell the house and her estate within the month. Both my mother and uncle are not ready to part with this stuff immediately? Are there any laws that have come up with this time of grieveing issue?

2. Who determines what is trash and what is of value in an estate?

3. when an executor is named what information is left to them independently and what is supposed to go to the inheritors?

4. Who has the right to decide what goes to what person(s) without a will statement?

5. Can the executor decide what to throw away within the estate without discussing the items with the other sibilings????


Please help this is tearing my family apart.


Thanks Di

 

[ALawyer]

The executor, once the Will has been filed for probate and accepted and the confirmation of the appointment is made by the court, can act as promptly as they wish. (The usual complaint is that they take too long.) In fact selling property quickly is usually very smart as in the event of delay taxes come do, repairs may be needed, there are heating and utility bills, etc. And the market values may fall. For some assets specific court approval may be needed before a sale can close, but that varies by state and what the Will provides.

Beneficiaries' time to grieve has no bearing on it. But realize that everyone may be grieving, and people react to grief differently and at different times. Some sit and cry. Others rush into action to distract themselves from the grief they feel. Others grieve later.

It is the executor's role to gather the assets and pay the debts and distribute the property as specified in the will or state law. The executor necessarily must separate the good stuff from the junk. The law requires the executor to act fairly. If there are no specific instructions in the Will -- or in other binding form -- then equal value must be given to all beneficiaries at law of the same class.

Most smart executors consult with the other beneficiaries and ask for their help in separating the good from the bad. But if the others are not ready or willing to cooperate at the timetable the executor wishes, then short of going to court and showing cause why the executor should be delayed, there is nothing that can be done. OF COURSE IF THE EXECUTOR MAKES A SERIOUS MISTAKE OR ENGAGES IN SELF-DEALING, HE OR SHE CAN BE HELD LIABLE FOR THE MISCONDUCT.