What are the rights of the executrix of a Will?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are the rights of the executrix of a Will?
My mother died 6 months ago, and my sister is her executrix. My mother had some cash and also a condo which is on the market for sale. My sister says that she is not going to distribute the cash until the condo gets sold and then she’ll distribute all together. Can she do this? Also, I was wondering how long she has to take care of all of the stuff?
Asked on October 6, 2011 under Estate Planning, Washington
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I am so sorry for your loss. An Executrix of a Last Will and Testament hasthe powers that are given under the probate laws in your state. She has the duty to administer to the estate as the decedent - your Mother - wanted. She has the power to protect the assets of the estate. What she is doing here - holding off distributing the bank account money - is very smart of her. She may ned that money to take care of the needs of the condo like paying common charges, or for filing tax returns for the estate. And she can distribute once as she sees fit. It is actually not uncommon how she chooses to do this. How long probate takes depends on many things, the size of the estate being a factor and what neds to be done. Here you are selling a condo in not such a good real estate environment. I would say 6 to 9 months is average. 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.