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Samuel II
Samuel II, Attorney at Law
Category: Estate Law
Satisfied Customers: 27009
Experience:  Experienced in facets of estates and trusts.
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I'm deceased mom's estate is being handled in Ne

Customer Question

Hi I'm deceased mom's estate is being handled in New York State. I live in Florida and I'm a beneficiary in the will. Assets are in a Morgan Stanley account. My cousin is executor to the estate. It'll be 3 years this June of my mother passing and a NY estate lawyer being hired to handle things. No probate, no contesting....yet my inheritance has not been disbursed as of yet. Wondering how long it takes for closure to the estate.
JA: Estate law can seem daunting, but getting accurate information now can save you headaches down the road. The attorneys we work with have a lot of experience, and I'd like to match you with the one who's the best fit. Have you consulted a lawyer yet?
Customer: I contacted a NY state lawyer early last year (a free consultation via phone call). I did not retain that firm due to finances...couldn't afford the retainer.
JA: Is there anything else the Estate Lawyer should be aware of?
Customer: When I question my cousin (the executrix) she tells me reason why there's no closure/disbursement is due to tax filings with IRS and NY State.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Estate Lawyer about your situation and then connect you two.
Submitted: 6 months ago.
Category: Estate Law
Expert:  Samuel II replied 6 months ago.
Hello​This is Samuel and I will provide you information in this regard. I am sorry to hear of you loss.The IRS is the hold up. They have to review the estate to ensure the government get's its share of the assets, of course. And the estate cannot close until the IRS signs off on form 706. That should have been filed with the IRS no later than 9 months after the passing of your Mom. Preparing an estate for the IRS and then distribution is not an easy task - but it all depends on the size of the estate, too. Generally, the IRS would like to close and estate no later than 24 months and at a minimum most estates take 15 months. And so while the Executrix and the attorney have completed their work, the IRS can honestly be holding things up.
Expert:  Samuel II replied 6 months ago.
Please let me know if you need more information in this regard. Otherwise, a positive rating will ensure I get credit for my time.Thank you.

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