Estate problem; any input?

justagradu8

I and 3 cousins are recipient of an uncle's estate.

It's time for the executor (one of the cousins that is one of the recipients of the etate)  to make the distribution --- I found out that the distibution was ready to go at the end of April. he assured me he was going to sit with the atty and do what he needed to do.

He hasn't been there yet. 7 weeks have gone by.

I've called the atty around Memorial Day (we hadn't seen any distribution at all)  and he's told me "i'll call B and tell him to come down here..." That never happened.

I spoke with the executor last Wednesday and asked him when he was going to set up the distribution. He said "I'll be going" and here it is a week later; he asn't been there yet. I spoke to the atty again yesterday and he told me, again, he'd be calling B the executor to get him to come down there.

I hate to sound greedy but wow, this is getting wearing. I hate to make a pest out of myself "so often" but I don't see any movement from B.

What would you do? I hate to holla for my own atty but any suggestions?

I plan on calling again in a couple of weeks if nothing happens.

CuriousKiddosMama

Never had to deal with this issue, but I'm not sure there is anything you can do about it. The executor I believe has all the power. Is the estate finalized? (no more bills or anything to be paid, stuff to be sold, insurance to collect)? I guess I would ask the lawyer that when I called next time. Because that could be what is holding things up.

Unless this is a significant amount of money, getting your own attorney may end up costing you too much- especially if you had to take this to court. Assuming you have a good relationship with this cousin, just call him and ask what the heck is up. Maybe there is something else personal going on that you don't know about, really busy at work, family, grief, etc.... Give him the benefit of the doubt right now.

Sorry for your loss.

MrsS728

8 weeks is nothing.....try 3 years. My father in law passed away and my sister-in-law was named executor.....she sat on it and sat on it. Nothing was done until my husband and I took the bull by the horns and had everything complete and done within 11 months.

Rainzzzy

I was going to type a reply but after reading VikingFan's I don't believe I could do any better than she did. I've had to handle an estate, and it is a ton of time and effort. The heirs that don't have to handle this aspect probably have no idea just how much work and responsibility is involved. The worst thing would be to distribute funds only to have something pop up later that needs to be paid. I cna understand being excited and impatient to receive a distribution, but there is just so much that occurs behind the scenes to make that happen.

vlagrl29

I have been the executor before on an estate and it's a TON of work that results in lots of attorney fees.  I wanted it done and out of my hands, so I had the estate finished in 6 months.  You never know what can pop up years after someone passes away.  last year I got a letter saying the descesed owed $3K in back taxes. Luckily I didn't have to pay it because the estate closed over 5 years ago so there is nothing they could get from me.  I don't know if there is really anything you could do. 

maple2

It's hard to tell all the details from your post (like how much time passed before it was time "to make the distribution" and what had been accomplished in that time), but my initial response is to concur with other posters and encourage you to wait a bit longer.  It is a lot of work and a huge responsibility to be an executor and not everyone has an employer and/or family situation that makes it easy for them to make everything happen quickly, especially when they have to travel for meetings with the attorney.  If you want the distribution just so you can cross it off your mental checklist and do non-essential things with the money, I would back off of calling either the cousin or the attorney for awhile.  If you really need the money soon, then I would talk with the cousin and explain your reasons for wanting him/her to act more quickly.  When my grandmother passed away, it took almost a year for the estate to be finalized and everyone to receive their final distribution.

vlagrl29

something just occurred to me.  Is there anything in probate?  Probate only lasts 6 months.  Has it been 6 months yet?  You need to give your cousin at least that much time

MommyLiberty5013

DH's great aunt passed in April. MIL is in charge of the estate. She and her husband plan on it being open at least until the fall time.

So, it does take a long while.

justagradu8

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justagradu8

vlagrl29:

something just occurred to me.  Is there anything in probate?  Probate only lasts 6 months.  Has it been 6 months yet?  You need to give your cousin at least that much time

It's past probate.

We are second tier; we are cousins, the 4 of us.

It's past probate and we have waited literally eons for the state department that handles inheritance to finally release the funds. That was done and the funds wre ready for distribution in mid-April.

I made a call to the atty handling the estate when I saw no movement; this was around Memorial Day. He told me he'd be calling my cousin to come down and do the distribution but no dice so far.

I don't know if Cousin is having problems of his own. He is 65 and retired; his wife is about 60 so who knows what's the deal?

I spoke to Cousin last Wednesday and asked him if he'd gotten there yet. He said no and didn't say why and said he'd be heading down there to do the distribution.

THis is much different than when my mother died. It is only a sibling and I and one home that was paid off years before her death; there's much more involved in the estate that I have mentioned (2 homes, one of which Sandy did a number on and luckily for us it's rebuild and nearly ready for sale)

CuriousKiddosMama

justagradu8:

vlagrl29:

something just occurred to me.  Is there anything in probate?  Probate only lasts 6 months.  Has it been 6 months yet?  You need to give your cousin at least that much time

It's past probate.

We are second tier; we are cousins, the 4 of us.

It's past probate and we have waited literally eons for the state department that handles inheritance to finally release the funds. That was done and the funds wre ready for distribution in mid-April.

I made a call to the atty handling the estate when I saw no movement; this was around Memorial Day. He told me he'd be calling my cousin to come down and do the distribution but no dice so far.

I don't know if Cousin is having problems of his own. He is 65 and retired; his wife is about 60 so who knows what's the deal?

I spoke to Cousin last Wednesday and asked him if he'd gotten there yet. He said no and didn't say why and said he'd be heading down there to do the distribution.

THis is much different than when my mother died. It is only a sibling and I and one home that was paid off years before her death; there's much more involved in the estate that I have mentioned (2 homes, one of which Sandy did a number on and luckily for us it's rebuild and nearly ready for sale)

There may not be any movement on it until the house has been sold. Why settle the estate, and then have to re-settle once the house is finished and sold? That may be part of what is holding this up. If you do feel the need to call your cousin again, I would ask very specific questions. Are we waiting on anything? When exactly will you be meeting with the attorney? Is there anything to keep you from getting to the attorney this week? Can I meet with the two of you so I make sure this is getting done. It does seem like you have been waiting a while, and I'm sorry about that. How do your other 2 cousins feel about this? Are they as anxious as you- maybe the three of you could get together with the executor and put a fire under his butt.

justagradu8

Vikingsfan 71713:

justagradu8:

vlagrl29:

something just occurred to me.  Is there anything in probate?  Probate only lasts 6 months.  Has it been 6 months yet?  You need to give your cousin at least that much time

It's past probate.

We are second tier; we are cousins, the 4 of us.

It's past probate and we have waited literally eons for the state department that handles inheritance to finally release the funds. That was done and the funds wre ready for distribution in mid-April.

I made a call to the atty handling the estate when I saw no movement; this was around Memorial Day. He told me he'd be calling my cousin to come down and do the distribution but no dice so far.

I don't know if Cousin is having problems of his own. He is 65 and retired; his wife is about 60 so who knows what's the deal?

I spoke to Cousin last Wednesday and asked him if he'd gotten there yet. He said no and didn't say why and said he'd be heading down there to do the distribution.

THis is much different than when my mother died. It is only a sibling and I and one home that was paid off years before her death; there's much more involved in the estate that I have mentioned (2 homes, one of which Sandy did a number on and luckily for us it's rebuild and nearly ready for sale)

There may not be any movement on it until the house has been sold. Why settle the estate, and then have to re-settle once the house is finished and sold? That may be part of what is holding this up. If you do feel the need to call your cousin again, I would ask very specific questions. Are we waiting on anything? When exactly will you be meeting with the attorney? Is there anything to keep you from getting to the attorney this week? Can I meet with the two of you so I make sure this is getting done. It does seem like you have been waiting a while, and I'm sorry about that. How do your other 2 cousins feel about this? Are they as anxious as you- maybe the three of you could get together with the executor and put a fire under his butt.

The houses are a residual estate.  This is how it is being hendled.

This means if the houses sell, we get that part of the estate ahead of the assets, etc.

So the houses have no bearing on it.

We spoke to the atty way back in October (sibling and I) and we were assured of how the process went.  THis whole thing is very complicated. It's about at its end; the estate will be partially distributed because of the 2 homes -- there are still property taxes, etc on them.