Can I sue the executor of my mother-in-law’s estate if h has failed to make a distribution after 5 years?

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Can I sue the executor of my mother-in-law’s estate if h has failed to make a distribution after 5 years?

Brother-in-law has not made distribution yet. He is executor. Lots of property not for sale or sold yet. Mismanagement of funds held by 3rd party for executor. Funds from properties that were sold have not been distributed in full. Excuse after excuse.

Asked on August 5, 2011 Pennsylvania

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your loss and for your situation.  Every state has a mechanism for allowing beneficiaries of an estate to check on - for lack of a better word - the progress of the probate and on the personal representative that has been appointed.  You can request that an accounting be done, challenge the personal representative in order to have him removed, etc.  But you will probably need an attorney to help you with all of this.  And the money for the attorney will come put of your pocket while the money to defend your brother-in-law will come put of the estate.  But I would not let this deter you.  I would speak with an attorney about writing a letter on your behalf and what the course of action would be and the fees he or she would charge.  paying for a letter and requesting a court conference maybe is the way to start.  Good luck.


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