What to do if my dad passed away 2 years ago and I am the trustee of his estate?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if my dad passed away 2 years ago and I am the trustee of his estate?

He had a revocable living trust. After the house sold and the CPA determined there would be no taxes owed, I mailed beneficiary checks to each beneficiary. My one sibling (after 5 weeks of receiving her check via certified mail) has not cashed it. I sent her an email asking when she would be cashing since I wanted to close out the account before year’s end. She said she’s been too busy and will get to it when she can. This sibling has been a major problem in the past, so what if she doesn’t cash the check? Should I just close out the account now and send her a cashier’s check or give her more time? Does it matter when I close out the trust account?

Asked on December 28, 2012 under Estate Planning, Nevada

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 11 years ago | Contributor

You have discretion to distribute the proceeds of your father's trust in multiple ways.  I suggest you advise your sibling that the check is no longer good and you will be sending her a money order (or cashier's check) and closing the trust account.  Advise that you will have no further responsibility for distributing the trust proceeds and she will be responsible if she does not negotiate the money order.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption