What to do if my mom died 2 years ago and my oldest sister was executor of the Will but she kept giving excuses to why we had to wait to get our inheritance?

Now that she has been kicked out of my mom’s house by my mom’s spouse, she says that we are supposed to be the only ones to get the house. Is there a statute on how long I can have to try and get the house? She refused to show the Will and mom’s husband stole it, so I have to figure out where to get a copy to get what is rightfully the kid’s property and belongings.

Asked on August 6, 2013 under Estate Planning, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The fact is that an en executor must act with due diligence (i.e. great care). As a general rule of thumb, a year is a reasonable time to finish things and rap up estate matters.

If a beneficiary does not believe that an executor is performng their duties properly, they may file a complaint with the appropriate court. This is the only right that a beneficiary has until the assets are distributed since they do not own any property until the executor distributes the estate.


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