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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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I was the executor, wrongly ousted out by my niece, for my

Customer Question

I was the executor, wrongly ousted out by my niece, for my aunts estate and will. While my aunt had a stroke my niece suddenly (we found out years later when aunt died) changed the executor to herself.
Flash forward...the house was sold a few months ago, and we the beneficiaries, want to know when we can expect to see this money (is there a time limit?) even if the will doesn't mention any time limit.
Submitted: 1 month ago.
Category: Estate Law
Expert:  Barrister replied 1 month ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Can you tell me how long ago aunt passed?

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How long has the probate case been open?

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thanks

Barrister

Customer: replied 1 month ago.
Barrister,
Thank you for your efforts. She past away 2 years ago this coming February. We haven't made an official case against her as we were advised that we didn't have a case against her. So, here we are. (Perhaps you'll advise us to seal another council elsewhere...)
Customer: replied 1 month ago.
my aunt was in the state of New York...
Expert:  Barrister replied 1 month ago.

Ok, I think there is a little confusion about my question..

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I am asking if anyone went down to the local probate court and filed a formal probate case to settle aunt's estate?

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And if so, how long ago did this happen?

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Although someone may be named as executor in a will, that means nothing legally until they are actually appointed by a probate court judge in a probate case.

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thanks

Barrister

Customer: replied 1 month ago.
Can we talk on the phone tomorrow?
Expert:  Barrister replied 1 month ago.

I am sorry but I do not participate in the phone call program for the site and limit my interaction with customers only to the website. I like to have time to think about a customer’s question and research it so I can provide the best answer possible.

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However, if you wish to have a phone call with an attorney, you can post a request for "additional services" and your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions.

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I am more than happy to continue on the website though..

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thanks

Barrister

Customer: replied 1 month ago.
Ok barrister. Thank you. (But let me know if you offer your services outside of here)Anyway, to my knowledge, and in laymen terms, my understanding is she has full reign over this trust...I can ask my other beneficiaries and get back to you with more details if you need more info.
Expert:  Barrister replied 1 month ago.

Ok, you are now mentioning a trust....that is completely different than a will and doesn't go through probate...

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A trust has a trustee who manages trust assets for the beneficiaries.

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An will has an executor who settles the estate through the probate court and distributes assets to the heirs..

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So now I am confused about whether we are talking about a will, a trust, or both??

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