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My friend died in 2019. The original executor did a lot of work on her estate, but then he passed away suddenly. My friend's will had designated me as secondary executor. I had to sign documents agreeing to take on this task, and have them notarized. The 1st set of docs had my name misspelled. We got that straightened out, but I didn't hear back for the longest time. The lawyer had sent out waivers / consents to the interested parties to get their acceptance of my appointment. Meanwhile, some of the family members kept asking me for a progress report. I kept telling them I'm not yet the executor! Turns out one of the family members was herself the hold-up -- she hadn't signed & returned the consent papers. It was about 10 months between the time I first agreed to be executor and the time I was actually appointed executor. I was assured the estate work was 99% complete, but it turned out the 1st executor hadn't filed income taxes. We had to hire a CPA to prepare the returns. I mailed them in late August 2022. Since then it has been back-and-forth with the IRS, getting documentation to them that my friend did indeed pass away and I am indeed the executor, etc. The tax return for 2019 had a glitch and I am still waiting for a different government agency to provide me with a certain form so we can file an amended return. We can't close the estate until the IRS finishes up. I know my friend's family members are frustrated with the slow progress, but there's honestly nothing I can do to speed things up. I spent ALL of one day, from 9 to 5, on the phone with the IRS. I do try to keep the family updated on the progress (or lack thereof). It has now been more than 3 years since work began on this estate.
As a 3 x executor, it depends on how complex the financials are. One took 3 months. One took 6 months and another took 1,5 years. Finding certain paperwork is half 5he battle.
My Mom died in 2017 probate was opened over a month after her death. Her house was part of probate and took 2 yrs to sell. Could not close probate until the house sold.
If your Mom had a Will and Probate has been open then the Will is on file. The Executor should have sent you a letter that Probate is now open and included a copy of the Will or said its available upon request. Thats if you are a beneficiary. I had to prove to probate this had been done. If on file, its public and you can request a copy. If assets are to be shared, it all has to be liquidated. All debts and liens paid. Once everything is done an accting is done showing the Debits and Credits and coming down to a net total. All beneficiaries need to sign off. If someone contests, then that holds up closing Probate.
If Mom died without a Will then an Administrator has to be assigned. This person does the same thing the Executor does but...the State determines who inherits.
As I told someone who posted a similar question the other day, this is not TV where following the funeral everyone goes into the study and a lawyer reads the Will and everyone is told what they inherit. Its a lot more than that. You can't even open probate in my State till something like 9 or 10 days after a death. Even if everything is cut and dry, you cannot close probate for 8 months. You have to give creditors time to put in their claims.
So, I would first call the Probate court and see if the Will has been filed. The Executor has to follow the Will. Any money given to you from Mom should not be deducted from ur share. I so hope you have back up for that $150k. Mom saying in writing that she gave it to you because you gave up a job to care for her.
Depends on the situation. In Florida it took over 5 years to settle Dad's estate. It was complicated, with lots of property that had liens and lawsuits - all of his making and left to me to clean up. There was a trust, also, that caused nothing but problems. My friend settled her husband's estate in another state in less than 6 months, but there was no property outside of their home and a truck, and it wasn't a trust. There are many stories out there, all of them different.
There may be a limit to the amount of time that an executor (in the case of a will) or a court appointed administrator (in the case of a person dying intestate (without a will) can take according to the state, and a visit to the court records offices to see the filed probate will or papers, which are public documents, may record that date, but I can tell you they are allowed a LONG time. Years in fact if the estate is at all complicated. I assume you believe/know that you are a beneficiary of an estate and that you are not receiving any notifications of same or updates. You may want to see a Trust and Estate Attorney to act in your own behalf to check on this. Hire one who will work for you by the hour or will suggest one who will. And this only if you are expecting a large settlement, because this will not be inexpensive. Wishing you good luck.
I agree with others that it takes longer than you think it should! And if there is tension between you and the executor (your sister?) you are probably not being kept informed of the progress. Sometimes the delays are inevitable and sometimes they are because the individuals involved (executor, attorney(s), staff) are dragging their feet or busy with other matters. My husband was executor of his mother's estate, so some things were in his control, but not everything. You probably won't be able to hurry things along, so maybe it's best to seek out other sources of income so you don't have to stress about it.
Other circumstances but my grandmothers estate took 15+ years to settle through probate. 5-6 months is much shorter than average even with everything going smoothly I think but especially with property to sell. You left your job to care for Mom, many people do this without any compensation or recognition in the will but your mom recognized your help with extra compensation so your fortunate. While it may depend on the state from my experience everyone who is ether named in the will or might have an interest (children) gets notification from the attorney or probate court of what is planned and is given the opportunity to challenge. A challenge means hiring a lawyer yourself and the estate paying for the attorney representing it so be clear as to wether or not it’s worth it but on the surface providing your mother has a will and was clear about her wishes you should get the cash she portioned out for your sacrifices and then you and your siblings might share equally on the balance of the estate. You have made yourself known to the probate attorney so they should keep you in the loop. Executor is not an easy job for a non attorney so do cut your sister some slack, even if she is miffed that you were left a bit more those were your mothers wishes and decisions, she really can’t blame you or legally alter that so I wouldn’t put more space in your relationship with your siblings by constantly questioning and being suspicious. Since you cared for your mom you could offer assistance with papers or information but don’t automatically assume something shady is going on just because it’s hard pill for them to swallow that she left you the extra cash, especially given that you relationships have always been strong.
Ask a probate attorney as states may differ. Sorry to hear about your siblings. Without having any legal knowledge about these things, I doubt that there is a 'limit' of how long. It might be how long and that could be an unknown.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
If your Mom had a Will and Probate has been open then the Will is on file. The Executor should have sent you a letter that Probate is now open and included a copy of the Will or said its available upon request. Thats if you are a beneficiary. I had to prove to probate this had been done. If on file, its public and you can request a copy.
If assets are to be shared, it all has to be liquidated. All debts and liens paid. Once everything is done an accting is done showing the Debits and Credits and coming down to a net total. All beneficiaries need to sign off. If someone contests, then that holds up closing Probate.
If Mom died without a Will then an Administrator has to be assigned. This person does the same thing the Executor does but...the State determines who inherits.
As I told someone who posted a similar question the other day, this is not TV where following the funeral everyone goes into the study and a lawyer reads the Will and everyone is told what they inherit. Its a lot more than that. You can't even open probate in my State till something like 9 or 10 days after a death. Even if everything is cut and dry, you cannot close probate for 8 months. You have to give creditors time to put in their claims.
So, I would first call the Probate court and see if the Will has been filed. The Executor has to follow the Will. Any money given to you from Mom should not be deducted from ur share. I so hope you have back up for that $150k. Mom saying in writing that she gave it to you because you gave up a job to care for her.
According to your profile it has been just five months. That is nothing! Be patient.
I assume you believe/know that you are a beneficiary of an estate and that you are not receiving any notifications of same or updates. You may want to see a Trust and Estate Attorney to act in your own behalf to check on this. Hire one who will work for you by the hour or will suggest one who will. And this only if you are expecting a large settlement, because this will not be inexpensive.
Wishing you good luck.
Took 4 months to do what really could have taken 2 weeks.
Sorry to hear about your siblings.
Without having any legal knowledge about these things, I doubt that there is a 'limit' of how long. It might be how long and that could be an unknown.
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