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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Estate Law
Satisfied Customers: 41221
Experience:  JA Mentor. I run my own practice that specializes in Estate Preparation and Administration
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Hello My mom passed away on march.3rd 2012.My sister who lived

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Hello My mom passed away on march.3rd 2012.My sister who lived with her .was appointed by mom as the executor in her will.The will went through probate court.My mom has three daughters myself and older sister along with my sis who is the executor.My sister sold the family home(We wete given a firm time limit as mom had aa reverse mortgage)by oct.They said it would go to foreclosure if not sold by 6 months after loosing our mom.My mom's will had eaach of us beneficiaries to get 1/3 of money from house.The laywer my sister had working for us sent each of us summary of accounting to sign.notarize send back .This was sent to my older sister regular and certified mail in march.She has been out of contact with us and has not acknowledged the attempts sent by lawyer in any way???This month he again sent regular mail and certified?My questions are Can the checks be sent to each of us anyway?Is there a deadline?Thankyou kindly new york

Thank you for your question. Please permit me to assist you with your concerns.

I am terribly sorry to hear of your loss. My condolences. To answer directly, the only person who can release the checks would be the executor. The attorney cannot release the funds without the executor's permission. In this case if the executor is missing or intentionally hiding, you or your other sister (or you both) may want to consider going to probate court and requesting that the executor be removed from the estate due to lack of contact and lack of progress with the estate. If you prevail, either you or your sister, or you both can be made administrators and then you would be able to release the funds.

Good luck.

Customer: replied 4 years ago.
HELLO THANKYOU FOR YOUR PROMPT RESPONSE.I apologize if I was not clear?The sister who is not responding is NOT the executor!!The sister who lived with my mom is the executor( as appointed in moms will).Myself and one other sister make for the three of us.My mom requested we Each get even distribution of any money.The only assest she had was the family home.We are NOT talking Alot of money to be distributed!!Our question is can my sistet( the executor) tell the lawyer to send each of us the checks even though the one sister has not signeed,notarized and sent back summary of accounting form to lawyer???Can we get our check even if she will not respond?Is there a time deadline to distribute the money to the benefiaries??Thankyou kindly MBerkman

Thank you for your follow-up, Michele.

I am sorry about that, I thought it was the executor who was not responding. Now I understand, the executor can still choose to release the funds even if one of the parties did not sign off on it. The executor can choose to do a full release or a partial release of funds. There is no actual time deadline, it just has to be done in a 'timely manner' (which is obviously a fairly subjective standard). Your sister can still order the attorney to cut the checks in this instance.

Good luck.

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