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Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27689
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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How long can an Executor keep an estate open My aunt passed

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How long can an Executor keep an estate open?
My aunt passed away in 1999, with a will, and my sister, the Executrx, has never given a final accounting nor has she closed the estate. ..it is now 2010!
Can an Executor close an estate and not notify the beneficiaries?
Also, I was my aunt's court appointed Conservator before she died, so obviously I know all
the financial information in my aunt's estate and know my sis,Extrx. has not distributed everything in my aunt's estate to my siblings and myself. They, my siblings are unaware and unwilling to confront her and do not beleive me--she has thrown everyone off track with distractions/drama/denial/emotional displays/hiding/avoidance and lies. My sis
fired the first estate lawyer and hired a second--who I have talked with and get no results.
My oldest sister, is finally asking the Extrx sis about our aunt's estate--but still no action
to progress with the closusure or accounting
Any help or suggestions counselors?


Therefore, the estate is in limbo...
Hi JACUSTOMER-pa7uf2pm-. Thank you for asking your question on JustAnswer. The other Experts and I are working on your answer. By the way, it would help us to know:

-Have you actually reviewed the estate file at the probate court or are you just assuming the estate is still open?

Thank you again for trusting us with your problem. Please reply as soon as possible so that we can finish answering your question.
Customer: replied 6 years ago.

HELLO MR KENNETT:

I WENT TO THE COURTHOUSE AND REVIEWED THE FILE DOCUMENTS ABOUT TWO YEARS AGO..AS I THOUGHT I COULD DO THIS AS WELL AS PAY AN ATTORNEY $100 AN HOUR TO DO SO..

Dear JACUSTOMER - I am really surprised that any probate court would permit a case to remain open for this long. Most judges will order the executor to close the estate after a year or so. In any event, if the case remains open then your only option is to file a motion with the court to remove the executor and apply to become the executor. You would base the motion on the neglect of the executor to diligently manage the affairs of the estate.

 

It would think that when this is brought to the attention of the probate judge he or she will act upon the motion and order that the estate be closed and a final accounting filed. Unless there are some really unusual circumstances this estate should have been closed years ago. Frankly I have never heard of any probate court allowing an estate to go on for this long unless it involved some really complicated situations or a vast amount of assets located all over the country or out of the country.

 

Dave Kennett

 

 

Customer: replied 6 years ago.

THANK YOU FOR YOUR REPLY...

LET ME READ YOUR SUGGESTIONS

AND PERHAPS ENLIGHTEN YOU WITH A FEW MORE DETAILS

 

Hi JACUSTOMER-pa7uf2pm-. Thank you for asking your question on JustAnswer. The other Experts and I are working on your answer. By the way, it would help us to know:

-Yes, if there are more details please let me know.

Thank you again for trusting us with your problem. Please reply as soon as possible so that we can finish answering your question.
Customer: replied 6 years ago.

OK THANK YOU FOYOUR PATIENCE

HOW LONG CAN THE COURT KEEP THE ESTATE OPEN?

IS THERE A LEGAL TIME LIMIT IN SD?

OR NOT?

THE SECOND LAWYER HAS BEEN PAID FROM THE ESTATE, DOES HE NOT HAVE ANY DUTY TO PRESS MY SIS FOR CLOSURE TO THE ESTATE?

WHAT ABOUT FEDERAL TAXES--SOME HAVE BEEN PAID AND SOME NOT?

ONE DETAIL--BEFORE MY AUNT DIED I WAS PAYING HER MONEY FOR A CFD FOR LAND AND THESE FUNDS WERE NEVER DISTRIBUTED BACK TO MY SIBLINGS AND MYSELF IN THE ESTATE--EVEN THOUGH THE CFD HAS BEEN TOTALLY PAID OFF NOW (2005) AND I HAVE OBTAINED LEGAL TITLE...

ONE LAST DETAIL...WHAT ABOUT PERSONAL REPURCUSSIONS/ATTACKS

ON ME AND MY FAMILY WHO LIVE JUST ACROSS THE STATE BORDER

WHERE SHE HAS PURCHASED A NICE HOME ON THE LAKE!

The court can keep the estate open as long as the court sees fit. That is why I said you need to file a motion. If the lawyer is still the estate attorney and has neglected the estate then you can file a complaint with the Bar Association against the lawyer. I'm not certain of his current role in the estate affairs so I really can't answer whether he should be doing anything.

 

I have no idea what you mean by personal attacks etc since that would have no relationship to whether the estate was open or closed. If you have personal issues outside the estate then that would be a totally separate action in court, not in the probate area. The final tax return should be filed when the estate is closed and the taxes will be paid from the estate assets.

 

Dave

Customer: replied 6 years ago.

OK THANKS AGAIN

ONE LAST QUESTION

IF I FILE A MOTION WITH THE COURT AS YOU DIRECTED

AND TO AVOID ANY PERSONAL ISSUES WITH MY SISTER,

HOW CAN A NEW EXECUTOR BE NAMED THAT WILL

NOT HAVE PERSONAL ISSUES WITH HER?

I WILL BE SEEN AS THE BAD GUY ONCE AGAIN,

IN THE EYES OF MY BRO AND SISS

AND IN THE END ALL OF THEM WILL SHARE IN THE BENEFITS!

AND WALK AWAY WITH NO THANK YOUS AS THEY HAVE DONE BEFORE!

SIMPLY,

ONE GUY TRYING TO DO THE RIGHT THING

TRYING TO CLIMB OUT FROM UNDER A HUGE PILE HEAPED ON HIM!

 

I have no way of knowing how to solve the personal issues between you and your sister. Obviously if you file the motion she will know who filed whether you become the executor or someone else does. You either have to take control or allow the present situation to continue. I can only offer suggestions from a legal perspective and I have no way to solve the personal family problems. Only you can make these decisions,.

 

Dave

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