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Settling an estate question?


My aunt passed away the middle of Feb. Everything was to be sold and the proceeds plus money that she had was to be put into a trust fund for her son. He was to receive the interest from this money. Upon his death the money was to be divided equally between her three siblings or their heirs. Three months after her death her son passed away. It is now almost 7 months later and the house is still full of stuff, it's never been cleaned or anything done to it. Needless to say it is costing money every month for someone to mow the lawn, plus the cost of taxes, insurance and utilities. I asked last month when the house was going on the market and I got the same answer the other two times I asked. Soon. Do we have any recourse or do we just sit and wait as the money goes out and the house deteriorates? The executor is a lawyer.

Tell the executor unless you get made happy soon, you'll be going back to the probate court to ask to be appointed substitute executor.

My parents trust is now being managed by a lawyer and a property manager, same thing, the house has been sitting for a year, they say they are going to inventory the belongings inside and put them into storage, the house has been on the market for a year. I asked why they don't just have an estate sale and put the money into the trust. But what do I know?

These things take time. I question whether the woman's will could possibly control the estate after it passed on to her son. The estate should be disposed of according to the son's will and if none exists, pass to his nearest kin.

Well the problem is who are you? Are you one of the three siblings? They are the only ones who can question the actions of the executor. If that's not you, then you need to get them off their behinds and do the following-

One or more of the heirs need to hire a probate attorney to represent them and file a petition with the probate court demanding action or the removal of the existing executor.

I think the other problem might be that her son had a will as well, and now the two estates are "colliding" in court, so to speak. If that's the case, you are probably looking at a minimum of a year, to settle all the claims and get the true heirs (whoever the son named as one) their claim.

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