How to get the executor of an estate to fulfill their duties?
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How to get the executor of an estate to fulfill their duties?
My brother is the executor of the estate. My mother died intestate with my brother and I the only children. Her husband died 10 years ago. She has been dead for over 4 months and he has done nothing to even try to settle the estate, mainly sell her home she owned free and clear. He has had the letters testamentary in his hands for 3 months. He will not return phone calls and has given no inventory of anything in the estate. What can I do?
Asked on September 10, 2012 under Estate Planning, Georgia
Answers:
Catherine Blackburn / Blackburn Law Firm
Answered 12 years ago | Contributor
There is a technical answer to your question and a practical answer. The technical answer is you could challenge your brother's actions as the administrator of your mother's estate. I would not advise that, at least not yet.
There are many technical steps in an estate. For example, the court may require a bond and that would have to be secured. The administrator has to publish a notice of administration, do research to identify your mother's possible creditors, and provide notice to the creditors. In Florida, creditors have 90 days (3 months) from receiving notice to file a claim. The administrator then has to review the claims and either accept or deny them. Most states do not require an inventory so early in a probate proceeding. Your state may require court approval to list the home for sale.
In short, there are many steps your brother needs to take and he probably does not know any of them. He may have to wait for advice from the lawyer. One step may be impossible until three other steps are completed. This takes time, and frankly, 3 months is not a long period of time.
Now for the practical answer to your question. Call the lawyer handling the estate. The lawyer or his or her staff can probably tell you what has been done, what is waiting to be done, and when you can expect action.
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