What to do if my brother has decided that since he is the Executor of our parents’ estate, he can drag it out another 2 years?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my brother has decided that since he is the Executor of our parents’ estate, he can drag it out another 2 years?
He says he wants to make sure nothing crops up and wants the money available. Mom died 10 years ago and Dad 2 years ago. Can he legally do that? In the mean time his lawyer gets paid, for whatever and we think it’s wrong.
Asked on June 9, 2014 under Estate Planning, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
I think that you may have to seek help here moving him along. In California, if the probate has no unusual problems it can be completely done in eight to twelve months. That includes a four-month creditor's claims period, and the time it takes after a petition is filed before it is actually heard. Are there other problems with creditors, taxes, or will contests? That stuff will delay the probate for longer periods. But if not then I think it may be time for you all to seek help and ask the court to move it along. Good luck.
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 AttorneyPages.com 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.