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My sister is the executor of my parents estate. The will…

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My sister is the...

My sister is the executor of my parents estate. The will states that everything is distributed 50/50 (just 2 of us). My mom passed away May 2016 and my dad December 2016. The house was sold in June 2017 and there were no debts. She isn't communicating with me regarding finalizing the estate and paying out the proceeds. How long does an executor have? When should I get an attorney? Can she be liable for attorney's fees due to her negligence in handing estate fairly and promptly? Thanks.

Lawyer's Assistant: Estate laws vary by state. What state are you in?

Wisconsin

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

I have a spreadsheet from her listing all the assets (or what she claims are the assets). She paid out roughly 65% of what she claimed were the assets after the sale of the house, but then left the area with the remaining 120,000.

Submitted: 8 months ago.Category: Estate Law
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Answered in 10 minutes by:
12/18/2017
Estate Lawyer: Barrister, Attorney replied 8 months ago
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 43,048
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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How long has the probate estate been opened?

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.

thanks

Barrister

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Customer reply replied 8 months ago
January 2017
Estate Lawyer: Barrister, Attorney replied 8 months ago

Ok, then she should be close to being able to close out the estate and distribute funds... The typical probate case will take around a year from start to finish due to certain mandatory time periods, like the creditor claims period, which is 4 months, and whatever time it takes to file final taxes for the decedent and the estate and get clearances from the state and IRS.

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But if everything has been settled and she has basically taken off with the remainder of the money, you can file a formal "motion to compel distribution" in the probate court and that would force her to appear and explain to the judge what is taking so long to disburse the rest of the estate assets and close the estate.

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So it it closing in on the normal time period for an estate to be closed and I would suggest you send her a certified letter asking her for a status update on the estate and when she expects to close and distribute the rest of any assets. If she ignores you or won't respond within a reasonable time...maybe 10 days to 2 weeks, you will know it is time to file the motion to compel..

.

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thanks

Barrister

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Estate Lawyer: Barrister, Attorney replied 7 months ago

Hello again,

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I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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