No information from executor for 2 years

[shazam]

What is the name of your state?What is the name of your state? Michigan

Hi, How long does and executor have to contact the family members regarding the reading of the will? Our Grandmother passed away more than 2 years ago leaving a cousin as the executor. He has taken a snooty position regarding the matter and has made statements to the effect that he will take care of it when he is ready. He refuses to return phone calls. Can we check any public records to see if he is moving forward? Is he getting paid for being executor (maybe that's why he is dragging it out)?
Thanks.

 

[TeeCeeAB]

What is the name of your state?What is the name of your state? Michigan

Hi, How long does and executor have to contact the family members regarding the reading of the will? Our Grandmother passed away more than 2 years ago leaving a cousin as the executor. He has taken a snooty position regarding the matter and has made statements to the effect that he will take care of it when he is ready. He refuses to return phone calls. Can we check any public records to see if he is moving forward? Is he getting paid for being executor (maybe that's why he is dragging it out)?
Thanks.

There may not be any legal obligation to "read" the will. However, if the estate was filed in the county probate court, it is now a matter of public record and you should be able to get a copy of it. Some counties even have the documents available online. If you were named as a beneficiary, you are entitled to a copy anyway.

As far as the time frame for specific performance, there are rules regarding that. At the very least, it is likely that an inventory was required to have been filed within 90 or 120 days of the will being filed with the court. If these things have not been done, action can be taken through the court to either demand rectification of deficiencies in the executor's fiduciary responsibilities, or appointment of a new fiduciary.

Generally, estates have to be settled within a year, and in MI, I believe, any taxes have to have been paid within 9 mos.

 

[shazam]

Thanks for the reply TeeCee. I did go to the County Website and I will be giving the Court House a call tomorrow. We live in Illinois, but our grandmother lived in Michigan. The executor also lives in Michigan, so contacting him by phone is our only option. What type of an attorney do we need if it becomes necessary? The Yellow Pages for attorneys is about and inch thick!
Thanks again.

 

[shazam]

Nothing filed in the courts

I checked with the court in the county where she resided, and there was nothing recorded. I also checked the county where she passed away, again nothing has been filed. I also checked in our Grandfather's name. He passed away 10 years before she did. Nothing was ever filed in his name either. Would this mean that there is a Living Will or some sort of Trust? Do Trusts have to be filed with the court at some point? Any advice would be appreciated.