If I’m a legal heir of my sister’s estate and my brother is the executor of the estate, is there some kind of time limits on the distribution of the assets?
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If I’m a legal heir of my sister’s estate and my brother is the executor of the estate, is there some kind of time limits on the distribution of the assets?
It seems that this has been a hobby my brother has taken up and he gets to it when he feels like it and not to the beneficiaries’ needs. Is he obligated to post activity of the estate with the heirs?
Asked on August 1, 2013 under Estate Planning, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
I am so sorry for your loss. Generally speaking, probate takes between 8 and 10 months in California but that is a ballpark figure. It could be more or less depending on the size of the estate. Estate taxes should be filed 9 months after death. If you believe that he is dragging his heels and just not living up to his duties as fiduciary you can seek help to file for a conference or an accounting in court. If his actions amount to a breach of duties then you can ask that he be removed. Good luck.
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