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Question

This has to do with a small estate (less then $320,000) in Alaska. My girlfriends father died in November 2007, she is the sole beneficiary of the estate but for whatever reasons her father appointed an Executor (family friend). There was a will and it went through Probate in April 2008. The assets consist of a house market value $270,000 with a mortgage of approximately $8,500 and two vehicles with a combined value of $16,000. There is also about $9,000 in the bank. The liabilities total about $23,000 including the executor fee of $15,000. Nothing has happened since April, we just want to wrap things up but the Executor has been advised that he is legally liable so basically he is like a deer in the headlights - afraid to move! What rights does she have to get this guy off his backside?!

Submitted: 431 days and 19 hours ago.
Category: Legal
Value: $15
Status: CLOSED
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Optional Information

Anchorage, Alaska

Already Tried:
She has just been trying to work with the Executor but is frustrated at the lack of progress. We just feel that it is not complicated there are a few medical bills, one credit card, the probate attorney fee and the Executor Fee. It just seems so straight forward to us.

The executor just seems terrified that he might make a mistake. She has offered to sign a release (not sure if it is legal) releasing him of all liability as the sole beneficiary to the estate and assuming all liability herself.

Accepted Answer

Well, the executor is liable if he fails to pay off all of the debts of the estate, but the heir can file a motion in the probate court to conclude the probate proceedings. Under the Alaska probate process the courts generally take between 9 and 15 months to close a regular estate and get the final accounting from the executor. Your estate is relatively new and as long as the executor is willing to provide you reports or information on the process you will need to wait. If the executor is not doing anything, then you will need to get an attorney in Alaska to remove him for breach of duty and appoint another executor, but this will delay the process even more.

 


 

 

 

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Expert: PaulMJD
Pos. Feedback: 99.5 %
Accepts: 
Answered: 9/17/2008

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