Q: I have received money for sale of my Uncle's condo but his investments are still in probate. What is the difference?
My Uncle's estate has been in probate for over three years. I cannot understand my lawyer's attempt at explaining why. First it was the judges' not having time. Now it is something about the investments have not been put in the escrow account. I don't know what to do. This probate lawyer has been paid in advance but this has just gone on and on with no real answers about exactly why and what steps do we have to take now. What can I do?
A: An attorney will not be able to provide any answers without looking at the case file for the probate case. Your attorney may be waiting for the court to issue an order relating to the investment accounts. Sometimes that can take time.
Tara S. David agrees with this answer
A: Attorney Richert is correct, an attorney would need to review the documents filed in the probate case to determine why the Estate has not been closed. Typically, Estates are supposed to be closed within 12 months and if they aren't you have to give the Judge a good reason to keep the case open, so there should be a good reason. You may have received a distribution when the house sold, but for some reason the investments haven't been liquidated as of yet. That would have to be determined upon closer review and inquiry of the attorney handling the probate. Best of luck!
Tara S. David agrees with this answer
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