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My father passed away August 9, 2012. My step aunt-in-law

My father passed away August...
My father passed away August 9, 2012. My step aunt-in-law was appointed his POA. He was a simple mad, lived modestly. My husband and I sold his house and belongings and gave most to the Veteran's association. She has his expenses (closing of a very FEW bills, funeral/reception expenses (he paid in advance fom most). She changed my father's attorney whom I adored to her own and now has gone on vacation for a month and is back. I would just like to get his SIMPLE taxes of 2012 and his death taxes completed by which I understand she will give to another women "her" attorney knows to complete when she gets my dad's bills/receipts together. - Just how long do you think I should have to wait for her to wrap things up - I really want closure... we're talking no more than a $200,000 estate here. HELP! Thank you
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Answered in 5 minutes by:
6/10/2013
Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 55,803
Experience: Attorney with 29 years of experience.
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Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.


Good afternoon. This estate and your father's assets are not your step aunt-in-law's personal piggy bank. Once administration begins, the executor has a fiduciary duty to each beneficiary and each beneficiary is entitled to a copy of the full inventory of assets and periodic accounting of every dime in and out of the estate. A typical estate, presuming no unusual complexity can be completed with 6-9 months of the date of death. It certainly should be completed within 1 year. If she, as the executor, fails to produce the inventory, periodic accounting, or fails to timely administer the estate, you can file to have her removed as executor for breach of fiduciary duty. If there is any misappropriation of estate assets, you can also ask the court to award actual and punitive damages against her. I think you've been patient enough at this point. I would send her a letter by certified mail giving her no more than 30 days to complete administration. I would let her know otherwise you have no choice but to file to have her removed and an audit of the estate to be conducted.



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Richard
Richard, Attorney
Category: Legal
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Experience: Attorney with 29 years of experience.
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Customer reply replied 4 years ago


I thank you very much for your advice! I plan to proceed just the way you advised; I just needed some reassurance I wasn't being overly pushy - I think she's had PLENTY of time to wrap this up.


 


Sincerely,


Karen

You're very welcome...it's my pleasure to help! I agree with you! :)
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