Asked 8/8/2010
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How long can a will executor take to distribute funds? I want to know how long an executor can take to distribute an inheritance. I want my cousin to go ahead and distribute our aunt's extate before the death taxes go back into effect in 2011 but she is taking her sweet time. What is the hold up, what are my rights, and is there any way to make her move it along? She has refused to give any of us copies of the will, make an accounting of the assets, or keep us up to date on the proceedings and what is going on. The will has already been probated, so what is the problem and is there anything I can do? |
Answer 1/1 - Submitted 8/8/2010
Estate taxes are based on the value of the estate on the date of death. Though they might be re-instated retroactively by Congress, distribution of the estate (or the lack of distribution) won't affect the estate taxes that might be due.
Executors are required to advertise for and pay all legal debts of the decedent, handle all personal and estate taxes, and distribute the remaining estate, which sometimes involves selling some of the assets. This tends to be a slow process. The fastest probated estate I've seen took about nine months, and the decedent had left a clean and easy trail on a limited number of assets. One to two years is not unusual. More than two years, the Executor has to explain to the court why it's taking so long.
The probate court has the will, and the accounting. Request copies from there.
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