what to do

[rbigg]

What is the name of your state? fl

A recent death has left A, B, and C as heirs to an estate consisting of a
building, some cash, and some securities. The will of the deceased does not
address an estate settlement time.

Each of their names, along with that of the deceased, is on all titles, etc,
so no particular sense of urgency in settling the estate because of that
aspect.

However, party A wants the estate settled and to be in receipt of his share
of proceeds ASAP.

Party C is the Executor of the estate, and does not want to do anything into
the foreseeable future.

1. What is a reasonable time for the Executor to have before initiating
action to settle
the estate after the death of the person whose estate it was?

2. What are A's option in regard to forcing the executor to settle the
estate, should that eventually become necessary?

 

[BelizeBreeze]

What is the name of your state? fl

A recent death has left A, B, and C as heirs to an estate consisting of a
building, some cash, and some securities. The will of the deceased does not
address an estate settlement time.

Each of their names, along with that of the deceased, is on all titles, etc,
so no particular sense of urgency in settling the estate because of that
aspect.

However, party A wants the estate settled and to be in receipt of his share
of proceeds ASAP.

Party C is the Executor of the estate, and does not want to do anything into
the foreseeable future.

1. What is a reasonable time for the Executor to have before initiating
action to settle
the estate after the death of the person whose estate it was?

2. What are A's option in regard to forcing the executor to settle the
estate, should that eventually become necessary?

A,B and C should all get together and throw a grand old party, an old-fashioned Irish Wake, then A,B and C should do their own damn homework.

 

[seniorjudge]

"...Party C is the Executor of the estate, and does not want to do anything into the foreseeable future...."

Define "foreseeable future".

 

[rbigg]

}}} Define "foreseeable future". {{{

Not able to do that. Our feeling is that the executor is in no hurry to resolve/settle the estate, and may just "sit on it" for some time.

We're trying to lean if there is a time limit the executor of an estate is under to begin settlement. If not, what would a reasonable time period be.

 

[seniorjudge]

}}} Define "foreseeable future". {{{

Not able to do that. Our feeling is that the executor is in no hurry to resolve/settle the estate, and may just "sit on it" for some time.

We're trying to lean if there is a time limit the executor of an estate is under to begin settlement. If not, what would a reasonable time period be.

If you are an interested party in this case, write a letter to the judge and send a copy to the executor. Ask for a hearing on the executor's actions. Expect a **** storm.

 

[Dandy Don]

This does not sound like a homework question to me. Let me guess: YOU are "A". If A, B, and C are named as beneficiaries in the will, then any one of them should hire his/her own probate attorney to ask the judge to "force"/order C to produce the will for probate.

What is the reason that C is is not in any hurry to get the estate settled? That does not really make sense, since you would think that person would also want to get whatever monies/properties they were due. If C is too busy or doesn't feel competent to handle the affairs of probating an estate, then C should hire a probate attorney to do it or let someone else serve.

Normal waiting period is 30 days after the death. Waiting any longer than that is foolish.

 

[seniorjudge]

This does not sound like a homework question to me....

If it had said Blackacre, I would've been suspicious!

 

[Dandy Don]

Be advised/forewarned that in some places, writing a letter to the judge is not advisable and could be a waste of time, since many courts consider that unprofessional behavior and will tell you that the judge is not allowed to respond to such letters since only official probate hearings are acceptable for probate matters.

 

[seniorjudge]

Be advised/forewarned that in some places, writing a letter to the judge is not advisable and could be a waste of time, since many courts consider that unprofessional behavior and will tell you that the judge is not allowed to respond to such letters since only official probate hearings are acceptable for probate matters.

True, thus my admonition to send a copy to the other side. The judge could then treat it as a motion.

I should have said, "Entitle the letter: Motion for Hearing."

 

[rbigg]

}}} Let me guess: YOU are "A". {{{

I'm not a party or heir.

}}} What is the reason that C is is not in any hurry to get the estate settled? {{{

Not at all sure, and don't want to speculate. I don't perceive anything sinister in the foot dragging.

}}} That does not really make sense, since you would think that person would also want to get whatever monies/properties they were due. {{{

Agreed. Not a rational response on C's part.

}}} Normal waiting period is 30 days after the death. Waiting any longer than that is foolish. {{{

Thanks. That's useful info

I'm just trying to learn the questions that should be asked, and get some very rough feel for a timeline for any action to be a reasonable window prior to acting. I'm hoping cooler heads will prevail. These things can be a real cat fight if everyone leaps into the fray. Any action would be through an attorney.

 

[Florid-aise]

If it had said Blackacre, I would've been suspicious!

Methinks the squibblings of Blackacre will be biting rocks in the foreseeable future in order to settle the Hog Gristle issues before them.

On motion of course.