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Can a sibling of an estate sue the executrix if the estate has not settled in 3 years?
Wiki User
∙ 16y ago
In New Jersey, Yes, but I assume the sibling is a beneficiary. If not then the sibling cannot force anything because she has no interest, what we call standing, to sue. After 1 year a beneficiary can sue to get an intermediate accounting to show everyone and the probate court what has been done so far. You can also sue the executrix to have her removed and to forfeit her commissions. There is no law that says an estate must be completed within a certain time frame. In fact generally for the first year no one can sue the executor to force anything unless there is special cause to do so. But 3 years is a long time and you should definitely get at least the intermediate accounting. The 3 years is not, in and of itself, grounds to remove the executrix. But is is grounds to file a lawsuit asking for that and that should give her a jolt. This answer is given for informational purposes and is not to be taken as legal advice.
Wiki User
∙ 16y ago
Wiki User
∙ 10y agoIf you think that the executor is not fulfilling his/her/their role effectively then yes, go and see an attorney about this.
However, to save costs, first ask the executor(s) why there is a delay, there may be a very good reason.
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What is the time frame for executrix to settle an estate in Tennessee?
There is no proscribed time frame. It can take years, even decades, to settle a complex estate.
What are the other sibling rights to mother's property if one sibling has power of attorney and the other sibling never left home and is over forty years of age?
Power of Attorney is to give the sibling mentioned and acknowledged by the mother to perform their affairs when the mother cannot such as paying bills; investing money, etc., and no one else can take the right away from the Power of Attorney mentioned since the mother requested this person, not even the sibling who is 40 years old and living at home. Once a parent dies the Power of Attorney no longer exists and the Executor (male) or Executrix (female) named will put the Will into Probate which will pay off any debts before the Estate is settled and any property or monies left will be divided as the parent's Will stated.
Did your father have a will?
If your father had a will before his death, it will makes easier in dealing with his estate. If there is no will, it could take years before things finally get settled.
Can you probate a will 10 years old?
If it has just been found, yes. The deceased's estate has not been legally settled until it undergoes probate.
What happens if it has been 3 years and you haven't settled the estate because of home sells in Florida?
Consult the attorney that is handling your probate action for advice. You may have to come to some agreement to partititon the home from the remainder of estate in order to settle the estate.
After a person dies with a will and the estate is probated how long does the executor have to wait until assets are distributed to the beneficiaries?
They have to wait until the debts are settled. That may be as short as about 4 months. It can take years on a really complex estate.
What can an heir to an estate do when your sibling is executor and has not distributed personal property or attempted to sell property as outlined in the will in Texas It has been 3 years?
Get a lawyer and sue to "Partition to sell" said property.
Can sibling evict me from parents home after parents death 6 years ago?
You haven't provided enough detail. The answer depends on who owns the property now. The parents estate must be probated in order for legal title to pass to the heirs under the Will or under the laws of intestacy if there was no Will. The legal owner can evict anyone who is not an owner.If the parent died while being the sole owner of the real estate and their estate was not probated yet then your sibling doesn't have the authority to evict you.
Lived with parents for two years till their death. I took care of them. I was told I have to pay rent to stay in the house. This is my legal address.?
Sorry, but the property belongs to the estate. They can charge rent. Hopefully you will inherit the property, or most of the value of it when the estate is settled.
How long after probate is lodged must the estate be settled?
There is no prescribed time frame. It is however long it takes to value and distribute the assets properly. In some cases it can take many years.
When was Oman settled?
Oman was settled over 2,000 years ago.
How many years was Jamestown settled?
It has remained settled since 1607.
