Q: My mother passed away 12/29/2016, my sister is the executor of her will. She refuses to finalize the estate.
In the will, my mothers house has all the siblings as heirs. My sister wants it for her daughter. So she refuses to finalize on the estate until they can financially afford it, which leaves the house empty for the last 2 years. What can we do or say to get things finished? According to the will if we contest anything we forfit our inheritance and it goes to the other siblings.
A: Talk to a lawyer. Forcing the executrix to close the estate and distribute it does not constitute a challenge to the Will but is simply asking that it be enforced, which does not run afowl of the 'no challenge' clause. If you are a beneficiary in the will, you can also petition the court to Partition the property, which forces either a sale or buyout of your interest. If there is no partition, the beneficiaries under the will will become co-owners of the property. At that point, if you want your interest paid-for and your sister won't pay for it then, you would have to sue for Partition at that time. Might as well do it in the probate and save time. Again, you should talk to a lawyer where the estate is being probated for specific advice.
A:
Was the "will" ever probated in Court? If not, then it is not considered valid. Before an Executor/rix may act on the provisions of a will it must be submitted to a probate court to determine whether or not it's good and if the named executor/rix is qualified to serve as such.
You may want to consult a probate attorney in your area for further information.
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A: You can ask for an accounting of the estate since it's been more than 15 months since she was appointed (assuming she has been), that gives the executor 60 days to reply and usually gets the ball rolling again. Speak with a probate attorney about how to do this. If the will hasn't been probated then you only have 2 more years to begin the process, otherwise it may not be valid.
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