QUESTION

Can you offer me some legal insight on what that might be or how they can benefit from prolonging the process of dividing the property?

Asked on Jan 18th, 2014 on Estate Planning - Michigan
More details to this question:
My grandfather passed away 2 years ago leaving a will that he prepared himself. In the will he leaves land, money, and material property to five family members, me being one of them. We each are given a certain amount of land and the rest along with money and other property is to be divided equally. My sister (one of the five is a lawyer). We chose three executers (one being her). In my opinion, some material property has be removed without my consent but I cannot prove nor do I wish to pursue that. The main issue that I have is that they seem to be procrastinating when it comes to finishing the process and doing what should be done in order to divide and transfer the land. I feel as though there is a reason for the prolonging of this. What it might mean for me? Thanks.
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11 ANSWERS

Corporate/Business Attorney serving Beachwood, OH at Christine Sabio Socrates Attorney at Law
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It is difficult to answer this question without knowing when the estate was opened. Even though your grandfather may have passed two years ago, an estate may not have been opened right away. Sometimes the probate of certain estates take longer than others but it depends on the facts of each case and what has happened throughout the process to determine whether the delay was intentional or unavoidable. Feel free to contact me or respond with more details.
Answered on Jan 27th, 2014 at 11:17 PM

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Trusts Attorney serving Sacramento, CA at Law Office of Victor Waid
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Suggest you seek the services of a probate litigation lawyer to advise you your beneficiary rights and why the asset distribution process is taking so long. However the length of resolution may be valid due to the transfer process of some asset.
Answered on Jan 27th, 2014 at 11:17 PM

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Assuming this is in Oregon, the annual account will say that "the estate is not ready to be distributed and closed," and it should have some indication why that is. If there is real property waiting to be sold, that can slow things down. Frankly, appointing three personal representatives was your first mistake. That potentially will triple the cost and the time required to finish the probate. A good thing to do is to just ask the PRs, straight up, polite what's taking so long? Two years is not an astonishingly long time for an estate to be open. There may be issues with a do-it-yourself will; as noted above there may be delays selling real property. But, if you're concerned, you're entitled to information on the progress of the estate. Just ask.
Answered on Jan 22nd, 2014 at 11:28 AM

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Probate Attorney serving Roseville, CA
Partner at James Law Group
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I would push the matter by having an attorney write a letter to the probate attorney and/or executors. If you get nowhere you will have to decide whether to be patient or go to court and compel an accounting and distribution.
Answered on Jan 22nd, 2014 at 11:27 AM

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To protect your rights, I suggest that you get your own lawyer to advise you. This is especially important since your sister is a lawyer. You don't even need to let anyone know that you have retained a lawyer, at least initially, so you can keep peace in the family.
Answered on Jan 22nd, 2014 at 11:27 AM

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Edwin K. Niles
Your remedy is to file a petition to remove the administrator.
Answered on Jan 22nd, 2014 at 11:27 AM

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Probate Attorney serving St. Louis, MO at Edward L. Armstrong, P.C.
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First of all, you don't give me much information with regard to what "they are or are not doing." When did your grandfather die? How big was his estate (i.e., what was its value shown on the inventory)? You also gave me no information with regard to what "material assets" are or what type of property your grandfather left to each of you. It will also be important to know whether the estate administration is independent or supervised. Supervised administration can take longer because it is necessary to get court approval form many transactions. Another issue is taxes: was the estate large enough that a federal estate tax return had to be filed? Was the estates final income tax return (form 1041) filed and if so when? Normally, for medium to large estates the probate process will probably take a year or more. Even in smaller estates, the estate must remain open for a little over six months in order to give creditors time to make claims against the estate. If there was a federal estate tax return due (this is doubtful sense the current exemption from estate taxes is something over $5 million) obtaining approval from the IRS could in and of itself take a year or more. I could give you better information if I had more information about your grandfather's estate.
Answered on Jan 21st, 2014 at 10:58 AM

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Probate Attorney serving Las Vegas, NV
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Without reviewing the pleadings if this is a probate or the trust if this is a trust matter it is next to impossible to advise you. You should sit down with an attorney who can review all of the paperwork. Best of luck to you.
Answered on Jan 21st, 2014 at 10:54 AM

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Commercial Attorney serving Chicago, IL at Ashcraft & Ashcraft, Ltd.
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If the will was properly created its terms must be followed. If your grandfather did not properly create the will then its terms have no enforceable meaning whatsoever though it may be a guide if consistent with the rules on descent and distribution. If the terms of the will were very specific in its description of particular property (legally described or addresses used) then the particular parcels of real estate can be easily deeded and distributed in kind as directed in the will. If the terms of the will divided property loosely by percentages, ratios or acreage then the process is more difficult. The property must be easily divisible and the values must be established by appraisal before the property can be distributed in kind. If it is not possible to easily divide all of the property into the proper shares under the terms of the will then it should be sold and the proceeds divided. This difficulty can be compounded if certain portions of the real estate are perceived as more desirable in ways that are not easily valued in an appraisal. To transfer the property to a group of legatees as tenants in common merely delays the difficult division process.
Answered on Jan 21st, 2014 at 10:53 AM

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Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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There could be any number of legitimate reasons that the estate hasn't been closed yet. Dividing up land, especially income-producing land, is always difficult. Each parcel may be worth a different amount than the others, and some land within each parcel may be worth more or less than the rest of the parcel. If there are 500 acres of land, do the executors give each beneficiary 100 acres? If the total value of all the land is $500,000, does each beneficiary get $100,00 worth, even though it may mean that one beneficiary gets 10 acres, another gets 250 acres, and the rest is divided among the remaining heirs? What if one piece of land is worth significantly less right now than it will three years from now? Should the farm land automatically go to the farmer when it's a 100+ miles from the rest of his farm (too far to move his existing machinery)? Does the family member who gets the recreation property have an obligation to let the other heirs continue to use it? Sometimes it's better/easier to sell everything and divide up the income.
Answered on Jan 21st, 2014 at 10:53 AM

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Business Planning Attorney serving Livonia, MI at Frederick & Frederick Attorneys at Law
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There could be a lot of reasons, but without more information, it is all speculation. That will not get you what you want. You need to figure out a way to communicate with them to determine where things stand and what the plan is for wrapping things up. Two years is not unheard of, in terms of probate administration. But it is on the long side of normal. Unless there is something unusual going on, there would not appear to be any legal reason to keep things open. You need more information before you can decide how to proceed. Have you asked the Personal Representatives about why the delay?
Answered on Jan 21st, 2014 at 10:52 AM

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