QUESTION
If a house was left to you and the executor never said anything to you about it, what do you do?
Asked on Feb 25th, 2014 on Estate Planning - Oregon
15 ANSWERS
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You need to post more facts. HOW was the house left to you? Was there a probate estate opened? Were there sufficient assets in the estate to pay all administrative expenses? A nominated Personal Representative is under no legal obligation to open or administer an estate. If the house is a probate asset and the nominated PR refuses to act, then you would have the right to petition the court or apply to be the PR, yourself. Retaining a probate attorney would be a good idea.
Answered on Feb 28th, 2014 at 5:11 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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How long since letters testamentary were issued by the court? How long since the death? Definitely file a Request for Special Notice. Consider demanding an accounting.
Answered on Feb 27th, 2014 at 8:50 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Obtain the service of a probate lawyer to assist you in obtaining possession of title to the property.
Answered on Feb 27th, 2014 at 8:42 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Get a local probate attorney to get into the case.
Answered on Feb 27th, 2014 at 8:27 PM
2 Awards
Call an attorney, have title to the house researched (this will likely be done for free), find out if the property was ever probated, and discuss options with an attorney. This is not something you can handle on your own but there are many attorneys that will work with you on fees if cost is an issue.
Answered on Feb 27th, 2014 at 8:26 PM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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Contact a probate attorney to provide a copy of the will and all of the details to figure out the best course of action.
Answered on Feb 27th, 2014 at 8:23 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Take the details to an attorney who your hired to represent you for an opinion as to your current options.
Answered on Feb 27th, 2014 at 8:05 PM
You should consult a probate attorney about having the executor removed for failing to perform their duties.
Answered on Feb 26th, 2014 at 6:18 PM
Edwin K. Niles
Executor presumes that there is a court proceeding. With the court case number, you can go online and review everything.
Answered on Feb 26th, 2014 at 6:18 PM
File a Demand For Notice in the probate proceeding and hire an attorney who specializes in estate matters.
Answered on Feb 26th, 2014 at 6:16 PM
3 Awards
Check the records at the courthouse to see the status of the probate. If still uncertain hire an attorney where the property is located.
Answered on Feb 26th, 2014 at 6:11 PM
If the house was left to you via the decedent's will, it is the executor's responsibility to help get the property, utilities, etc. transferred to your name. If the estate is still open, it may be that the executor is busy dealing with other, less settled issues right now. Contact the executor and ask how things are progressing and when the property is scheduled to be transferred to you.
Answered on Feb 26th, 2014 at 6:02 PM
Thomas Edward Gates
You retain an attorney and request a hearing to make the executor comply with the provisions of the will.
Answered on Feb 26th, 2014 at 6:01 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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If the house was in the estate the executor should have transferred the house to the specific beneficiary before the estate was closed. If the house remains in the name of the decedent and the estate has been closed the estate can be reopened and the distribution made to the specific beneficiary. If the house transferred directly to a successor owner on the death of the decedent, if it was joint tenancy property for example, then the house was not in the estate and the executor had no control over the house.
Answered on Feb 26th, 2014 at 6:01 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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You use the term "executor," which makes me think that essentially nothing has been done (or you're not in Oregon). No one is the "executor" of a will (in Oregon, we've been using the term "personal representative" for 40 years) until the court appoints someone what is written in the will is just the decedent's nomination of someone to serve. Now, if someone was appointed personal representative, then they had to file an Inventory of estate assets, send you notice of the probate, send you accounts. If none of that has happened, then someone needs to do it now. You should hire a lawyer to help you with this.
Answered on Feb 26th, 2014 at 5:35 PM