My father passed away 4 years ago and most of his estate is still in probate. I asked the lawyer about the trust fund which is in my name, and they told me they are not allowed to talk to me, only the executor. Since I am the heir with 2 others, why are they not allowed to give me any information? How can I get them to talk to me without using another lawyer? 4 years is a long time to hold an estate
Please accept my condolences on the loss of your father. As for your question, 4 years can be a long time to hold an estate, but it may actually be a fairly reasonable amount of time. Whether it's reasonable or not depends a lot on what assets became part of the estate and whether an estate tax return was filed. If an estate tax return is filed, it can take up to 3 years after the filing, and the filling itself can take1 1/2 years after the death even if the return is filed on time. Without knowing a lot more about the situation, I can't say whether 4 years is reasonable in your father's estate, but it's certainly not impossible for it to take 4 or more years to wrap up and estate.
As for your question about getting information: An attorney for the executor, in Georgia at least, is not the attorney for the beneficiaries. If the attorney communicates with a beneficiary of the estate, the attorney generally is required to either (1) speak with the beneficiary's attorney, if the beneficiary has one, or (2) only provide the beneficiary with very limited information, being careful not to provide legal advice. You may have better luck asking the Executor directly- the Executor is not as restrained as the attorney is. However, if you feel that information is being withheld from you unreasonably, it certainly does not hurt for you to go ahead and hire an attorney to represent you. If you do, your attorney should be able to request information from the Executor's attorney and get it. Please also note, however, in some cases, the underlying Will may attempt to limit the information that beneficiaries can receive at all. In that kind of situation, the beneficiaries may not even be entitled to receive much information. Without knowing a lot more about the situation and the underlying documents, I could not tell you whether that is a factor in your father's estate, but it's possible.
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