Is there a time limit for dispersing assets?

UPDATED: May 15, 2014

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Is there a time limit for dispersing assets?

My grandmother passed away 5 months ago. Upon her death there is a Trust that my grandfather left that is supposed to be split 4 ways. My uncle is executor but has not attempted to make any contact with us. Is there a time limit and/or something like a demand letter that can be done?

Asked on May 15, 2014 under Estate Planning, Texas


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Sorry to hear about your grandmother.

There isn't a time limit except for the time for commencing probate after a death which varies from state to state.

If the trustee is not carrying out his duties, he can be removed as trustee and a successor trustee can be appointed.  The trust instrument may have designated a successor trustee if the original trustee is unwilling or incapable of serving as trustee.  

If the trust does not mention removal of the trustee or a successor trustee, you can petition the probate court for removal of the trustee and appointment of a successor trustee.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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