Is there a time limit for dispersing assets?
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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
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 9 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.
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