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My sister in law is the executor of her mom will. She

Customer Question
My sister in law...

My sister in law is the executor of her mom will. She refuses to release my husband portion (she has the check in her hand) because she wants my husband (her brother) to pay her some $$$. She got the check back in July 2017. Is she entitle, as executor to keep his money? Is any time limit till she can keep the check? Please advise. My husband does not want to go to court, by I need to have a back up plan.

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

The estate is in NC, we live in Cafilornia

Lawyer's Assistant: What documents or supporting evidence do you have?

She is sending us email, requesting $6000, before she relese the $37000

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I want to know if we have any legal case, not to pay, before they give us the check.

Submitted: 8 months ago.Category: Estate Law
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Answered in 3 minutes by:
9/29/2017
Estate Lawyer: Roy Hadavi,
 replied 8 months ago
Roy Hadavi
Category: Estate Law
Satisfied Customers: 1,296
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi Ina. My name is ***** ***** I am a licensed attorney estate planning attorney. I would be happy to provide assistance. Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

The executor of the estate has the right to reasonable compensation for their services. However, they would deduct that reimbursement from the estate directly, before disbursing the estate funds to the beneficiaries. The executor has a fiduciary duty to properly administer the estate and timely disburse assets to the beneficiaries. There is no specific time limit, it just must be done timely. If the executor refuses to disburse the assets, the beneficiary would have to file suit against the executor for breach of fiduciary duty and for the money.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow-up or clarification questions, please ask! There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.

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