QUESTION
Does an executor of a will have a time-limit as to disposition of an estate?
Asked on May 21st, 2013 on Wills and Probate - New Jersey
More details to this question:
There are four named heirs to our parents home named in their will. My sister is executrix and probated the will but is doing nothing to sell the house which is the only asset left by our parents. It has been four years since my dad passed away. Is there anything the heirs can do to force her to sell. Three want out and she says we have to hold on to it.She is sentimentally attached to the home but does not live there.
1 ANSWER
2 Awards
Yes - you can "force" your sister to distribute. You would have to seek to have her removed as the Executor, claiming that she has failed to do her duty as executor. You can ask for an accounting, and ask for an order directing the sale of the property. Your sister can also be given the option of buying out the interests of the other beneficiaries. I have done many similar cases, and the relief you request in this would be granted, especially after four years.
Answered on May 22nd, 2013 at 8:25 PM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship