What to do if my brother has decided that since he is the Executor of our parents’ estate, he can drag it out another 2 years?

He says he wants to make sure nothing crops up and wants the money available. Mom died 10 years ago and Dad 2 years ago. Can he legally do that? In the mean time his lawyer gets paid, for whatever and we think it’s wrong.

Asked on June 9, 2014 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I think that you may have to seek help here moving him along. In California, if the probate has no unusual problems it can be completely done in eight to twelve months. That includes a four-month creditor's claims period, and the time it takes after a petition is filed before it is actually heard. Are there other problems with creditors, taxes, or will contests?  That stuff will delay the probate for longer periods. But if not then I think it may be time for you all to seek help and ask the court to move it along. Good luck.


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