If my sister is executor of my parent’s estate, is there any legal way to make her to settle the estate?

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If my sister is executor of my parent’s estate, is there any legal way to make her to settle the estate?

It has been almost 2 years since my mom’s death. When I ask her about it, I keep getting the runaround.

Asked on August 10, 2013 under Estate Planning, Florida

Answers:

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

Answered 8 years ago | Contributor

An executor has a fiduciary duty to act with due diligence. Further, as a general rule, a year is a deemed to be reasonable time to finish up matters on a typical estate. Accordingly, if a beneficiary does not believe that an executor is adequately performng their duties, they may file a complaint with the appropriate probate court. Additionally, having a consultation with a probate attorney in the area of where the estate is being probated might well be in order.


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