What is the timeframe when wills have to be administrated?

Question

On December 1999, my mother in-law passed away and willed almost an acre to 5 siblings and now 2013 the administrator has not administrate the Will nor has she informed, but three of the siblings about the property.  The other siblings passed away, one two and a half years ago and the other with-in a year the one with-in a year has two sons still alive.  The other was handicap and one sister took care of her until her death.  The property is going to be sold and the proceeds are going to be divided amongst the three living siblings, question, I believe it should be divided amongst the five siblings, because this matter should have be taken care long before this happened. Thank You.

Douglas Tull · Answer

Sounds like you have problems and should consult with an attorney.

Robert Long · Answer

I agree the 2 nephews split a share, 1/8th each.

Brian Haggerty · Answer

How is the property going to be sold. If it is still in mother-in-law's name, then it cannot be sold until her Will is submitted to the court for probate. Then, the proceeds of sale will have to be distributed in accordance with the Will.

James Frederick · Answer

I agree with you. Inheritances vest as of the date of death of the decedent, unless the Will says otherwise. So when your MIL passed away, whoever was alive at that time should be entitled to a share. Based on your facts, however, you have some additional complications. No one can LEGALLY sell this property, unless and until it goes through probate. That step cannot be avoided.  As to your question on deadlines, there is not one. You can open a probate for someone that died 30 years ago, if there are assets that need to be probated.  It is very likely that there will need to be probate estates not only for your MIL, but also for each of the children that died following her death.

Christine James · Answer

If the two siblings outlived your mother in law, their heirs/children will be entitled to their share.  You must go to court.

Kenneth Gold · Answer

The property will have to go through probate and should be divided between all five siblings who were alive (or their estates at this point).  If I can be of any help, please contact me. Ken 734 335-7100.

Ben Liu · Answer

If the land is in the name of the deceased, it will have to be probated.

Victor Waid · Answer

Get yourself probate litigation lawter to file a petition into the probate court/action for heirship to determine as to who is entitled to inherit the property you refer to.

Dara J. Goldsmith · Answer

It all depends upon what the Will states.  You should meet with an attorney who can review the court file.

Frances Headley · Answer

The will should be administered immediately.  The executor should be removed for failing to fulfill her fiduciary duty.  How the property should not be divided depends upon the language of the will .

Thomas Edward Gates · Answer

That governs the distribution.  I believe that all 5 should share in the estate.

Mark T. Peters · Answer

It depends on what the will says.  Did either of the siblings that died have children?  If not, the end result may be to split it 3 ways anyway.

Gerald Bagazinski · Answer

What does the will provide. IF it says to the 5 siblings if living otherwise to their issue, you are correct. Another factor is what do the wills of the deceased siblings who died after the testator say about their share.

William Wilson · Answer

Generally 4 years.

Richard Keyes · Answer

In Missouri, the application to admit a will to probate has to be filed within a year of the death of the decedent.  If not, the will is invalid and the estate goes by intestacy.  If the value of the acre is less than $40,000, then the acre can be probate through a small estate affidavit.  If the value of the acre is more than $40,000, then a petition to determine heirs needs to be done.  Your question is unclear as to whether a probate estate was ever opened up.  If it was, then have an attorney review the probate file.  If the estate is still opened, file a motion to have the personal representative removed for failure to do the personal representative's job.  If the property is going to be sold, have it go through a title company.

Neil Lehto · Answer

First, in the absence of probate administration, ownership would remain in the deceased mother-in-law's estate. If the will required that it be split among the five siblings, that is what the probate court will order.

Charles Perry · Answer

There is no absolute time frame for the administration of an estate,   though obviously it is better to do it sooner rather than later.  The estate should be distributed as though it were 1999.  Thus, if all   five siblings were alive in 1999, the administrator should divide the   estate in five.  Indeed, if the estate goes through probate, the court   will insist upon this division.  The shares of the deceased siblings   must pass pursuant to the terms of the deceased siblings' wills (or by   the laws of intestacy if they did not have wills).  It may be impossible for the administrator to sell the property   without opening a probate.  If the administrator refuses to file for   probate, then any of the beneficiaries can force the issue by   commencing the probate proceeding.  The named administrator must then   make a choice as to whether to accept the position as administrator,   or allow someone else to administer the estate.  If the administrator does not follow the rules, the heirs of the   deceased siblings may have a claim against the administrator to   recover what they should have inherited.  I have handled probate matters, and would be happy to discuss this   with you in more detail at a mutually convenient time.

Find a Lawyer

Ask a Lawyer

Read Legal Articles

Ask a Lawyer

Read Legal Articles

What is the timeframe when wills have to be administrated?

17 ANSWERS

Find Local Estate Planning Lawyers

Helpful Resources

Ask a Lawyer