What to do if after 6 years an estate hasn’t been closed?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if after 6 years an estate hasn’t been closed?

My sister has taken all this time on my father’s estate. The IRA has been split and a portion of the investments distributed. We came to an agreement about 2 pieces of beach property but this has not been finalized, as in transferring into our names and her paying equity for the more expensive of the 2 parcels. There is also a house which she keeps “trying” to sell by finding people interested because she is too cheap to pay an agent. And the remaining investments are still on hold. I want to sue her for lost value on the house and force closure of the estate.

Asked on April 18, 2012 under Estate Planning, Virginia

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss and for the problems that resulted.  The time frame to probate an estate can vary from state to state and it will definitely vary on the amount of work that it takes to probate the assets.  More assets equals more time to transfer and probate.  Although 6 years is a bit of time that may give rise to a red flag, it may not have been a breach of fiduciary duty on her part.  You will need to speak with an attorney on your own dime as to the matter.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption