How long can an estate executor take to pay a beneficiary?

Question

My husband's mother passed away in the fall of 2009. His brother in law (his sister's husband) still hasn't closed out the estate or given an accounting of any sort. There is a condominium that the executor has chosen to rent rather than sell. My husband feels it's time to sell the place and distribute the funds. Again, he has been shown no paperwork on any of this. The brother-in-law bristles when asked about it.

Edward Armstrong · Answer

My suggestion would be to check with the Probate Division of the Circuit Court for the County in Missouri that your husband's mother was living in at the time of her death.  When the estate was opened in that court any records found or generated become public.  You can certainly go into the clerk's office and look at the estate file to see exactly what's been done.  Was there a will? Were there assets actually subject to probate?  It could be that the assets were in trust and were not part of a probate estate - in this case you need to check with the trustee of that trust.  It's also possible that at some point your husband's mother signed a beneficiary deed which would pass title to the condo automatically to the beneficiary at the time of her death.  For this, you can check the Recorder of Deeds office for the county where the condominium is located.

Christine Socrates · Answer

Action can be taken in probate court to find out what is going on with the estate and why nothing has been transferred or paid from it. If a probate estate is still open, yearly accounting's must be filed. If he hasn't, he can be removed a executor by the court. It seems like an unusually long time for an estate to be open if there is only a property remaining.

Ronald Nims · Answer

The probate court requires accounting's every six months and generally likes to see simple estates wrapped up inside of a year. 4 1/2 years on a retired woman with a condo, that's ridiculous, I'm surprised the probate judge hasn't kicked him out and replaced him with an attorney. ?Go to the probate court in the county where your mother resided, pull the file (it's a public record, except on days when there is a hearing - the judge gets the files on hearing days). Better yet, have an attorney go with him because he or she will know what to look for. There have been several events that would require you husband's signature or at least your husband would have received notice of a hearing. ?I'm guessing that the brother in law forged those. ?If that's true, hire a lawyer - you don't want to get involved with your brother in law in a possible criminal situation, this is how "Local Man Shot" winds up in the headlines.

Brian Haggerty · Answer

There is no way that the personal representative hasn't presented any paperwork. Your husband would have gotten a written notice of the opening of probate, and then annual accounts. The court file would have an inventory and a proof of compliance regarding claims against the estate. My guess? There is no personal representative  brother-in-law has never petitioned the court to be named personal representative. Oh yes, it requires a petition to the court. He's renting the condo because he can't sell it  only the personal representative could do that. Go to your courthouse (the county where the condo is located) and ask to see the probate file for this estate. Do this soon, before you find out that all the other assets of father-in-law's estate have been spent by brother-in-law on himself.

John Brennan · Answer

I would suggest that you engage an attorney to determine what precisely the status is and your rights. Clearly, your husband and his brother-in-law are not in agreement.

Randall Romei · Answer

The estate can be converted to a supervised administration which would require court action to approve decisions like renting estate property.  The executor is required to produce an annual accounting.   Therefore, you can require the executor to produce an accounting.  Estates are not supposed to be open indefinitely.  The Court will be interested in moving the estate toward closure and distribution.  You may be forced to get the Court involved in pushing the executor toward closing the estate.  If the executor fails to act in the best interests of the estate then the executor may be removed.

Don Rosenberg · Answer

The law has a statute about overdue distributions. You can require him to file and accounting and distribute the assets. You can file a petition for supervision of the estate or even remove him as PR as he is not fulfilling his fiduciary duties. If he has not completed his responsibilities since 2009, he clearly needs to be removed as soon as possible.

Mark T. Peters · Answer

Your husband needs to consult with his own probate attorney.  The will should have been filed, so a copy should be available.  The probate attorney will need to look at the will.  If the executor is not fulfilling his duties properly, that might be a basis for asking the court to change executors.  There may be a basis for forcing a sale of the property, but if the executor was waiting for prices to increase, that may have been a legitimate decision.

Norman Green · Answer

Hire a lawyer and file a petition.

Dara J. Goldsmith · Answer

Sounds like your husband should consult with an attorney who can review the court file to advise him on the same.

Edwin K. Niles · Answer

Your husband needs a conference with a probate lawyer. It sounds as if you need to file a petition to have him removed, and for an accounting.

Christine James · Answer

It has been way to long to have received nothing - hopefully at least he has received distributions.  I strongly encourage your husband to make a demand for an accounting and voice his opinion with regard to the sale of the condo.  If he gets nowhere I suggest he get an attorney.  Sitting on his rights will not benefit him in the long run.

Ben Liu · Answer

Beneficiaries are entitled to annual accounting and information about the estate.  Have you husband see an attorney if the executor is still refusing to give the information.

James Frederick · Answer

Given the fact that the property has not been sold, the estate administration could continue on, indefinitely. Unfortunately, the brother is not doing what he is supposed to, in terms of an annual accounting. If the house is the only asset in the estate, it is somewhat less critical, because you can get online figures on the value of the property. You would need to know how much he is getting for rent, but if he is paying all taxes, insurance and utilities from the estate, then the rent may just be covering these items.  You can force resolution of these issues, to a certain extent, but not without going to the court to complain. My guess is there will be more than bristling, if that happens.

Victor Waid · Answer

Obtain the services of a probate litigation lawyer to bring an action for an accounting.

Jayne Sebby · Answer

Many states allow a year to complete and close an estate, with extensions only for good cause.  The executor only has the authority granted him by the deceased's will or by state intestacy law.  He can not arbitrarily choose not to close the estate.  It's time to for your husband and his sister and any other immediate heirs to sit down and set a deadline for the closing.  If the other siblings don't agree or the executor refuses to close the estate, your husband will need to petition the probate court to enforce the closing.

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