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What happens if one brother does not want to settle the estate and it has been ongoing for five years?
Wiki User
∙ 14y ago
The court appointed executor has the authority and the obligation to settle the estate. If the person who doesn't "want to settle the estate" is the court appointed executor you need to file a motion to have them removed and a successor appointed. If the estate hasn't been filed for probate then hire an attorney, file the will and request that you be appointed the executor. One person cannot stop the legal probating of an estate. That's why we have courts. If the person who has possession of the will won't hand it over for probate then petition to be appointed administrator of the estate and carry on as if there is no will. In that case the assets will be distributed according to the state laws of intestacy. In any case, get moving.
Wiki User
∙ 14y ago
If one brother does not want to settle the estate, it can cause delays and disputes in the distribution of assets. Legal action may be necessary to resolve the issue and move the estate settlement process forward. The court may need to intervene to ensure that the estate is properly administered and assets are distributed according to the law.
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Is there a time limit to settle an estate in South Dakota?
There is no specific time limit to settle an estate in South Dakota, but generally, the process can take around six months to a year or longer depending on the complexity of the estate. Executors are expected to settle the estate in a timely manner but may request an extension if necessary.
Is there a time limit to settle an estate in CO?
In Colorado, there is no specific time limit set by law to settle an estate. However, the process can vary in duration depending on the complexity of the estate, any disputes that may arise, and other factors. Executors are generally encouraged to complete the probate process in a timely manner.
Is there a time limit to settle an estate in wv?
In West Virginia, there is no specific set time limit to settle an estate. The timeline for estate settlement can vary depending on the complexity of the estate, any challenges or disputes that arise, and court schedules. It is best to consult with an attorney to ensure that the estate settlement process is handled efficiently and in compliance with state laws.
What motion does an heir have to file to settle an estate?
An heir would typically file a petition to settle the estate or a petition for probate in court to begin the process of distributing the assets of the deceased. This initiates the legal proceedings necessary to determine the validity of the will and distribute the assets according to the deceased's wishes or state laws if there is no will.
How long does an executor have to settle an estate in Texas?
In Texas, an executor typically has four years from the date of the decedent's death to settle the estate. However, it is recommended to address the estate as promptly as possible to avoid potential complications or delays in the distribution of assets to beneficiaries.
What happens when an executor takes a long time to probate a will?
It takes longer to settle the estate. There are no specific time frames and some estates take decades to settle.
What happens if someone files for adverse possession during probate?
The executor has to defend the estate. They will have to hire an attorney to settle the case.
What happens to back taxes if the estate has no money?
If they are property taxes, there is a lien on the property. In those cases the property has to be sold to settle the debts. If there are no assets in the estate, the taxes won't get paid.
How long after a death does the executor have to settle the estate Australia?
Estates do not have time frames. A complex estate can take decades to resolve and settle.
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 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.
What motion does an heir have to file to settle an estate?
An heir would typically file a petition to settle the estate or a petition for probate in court to begin the process of distributing the assets of the deceased. This initiates the legal proceedings necessary to determine the validity of the will and distribute the assets according to the deceased's wishes or state laws if there is no will.
Is there a time limit to settle an estate in South Dakota?
There is no specific time limit to settle an estate in South Dakota, but generally, the process can take around six months to a year or longer depending on the complexity of the estate. Executors are expected to settle the estate in a timely manner but may request an extension if necessary.
How long does my sister administrator have to settle my Dad's estate?
There is no mandated time frame. She has to settle the estate, including the debts and inventory of assets, as well as taxes.
Is there a time limit for settling an estate in Ohio?
No, there is no limit to settle an estate. It can take many years for a complex estate.
Are Letters Testamentary the same as a Grant of Probate?
Yes. Both give the executor the legal authority to settle the estate according to the provisions in the will.Yes. Both give the executor the legal authority to settle the estate according to the provisions in the will.Yes. Both give the executor the legal authority to settle the estate according to the provisions in the will.Yes. Both give the executor the legal authority to settle the estate according to the provisions in the will.
Is there a time limit the executor must disperse funds from an estate?
There is no time limit to settle an estate. It can be very complicated and take many years to resolve and settle.
