Legal Question in Wills and Trusts in California
executor
My sister is the executress of our dads estate. There are 3 of us that get 1/3 of everything. Does she have a time limit of which she has to sell the house? and does she have the right to give 1/4 of my dads cash to the 3 of us and put the last 1/4($18,000) in a low risk money market account to use on peparing the house to sell. My dad has pasted away Jan 2001, and I would like to make plans for my future. She is not doing much in preparing to sell the house. Please answer my concerns.
3 Answers from Attorneys
Re: executor
there is no time limit but if it gets unreasonable you can go to court over it. she can retain funds for anticipated expenses.
Re: executor
A status report or an accounting is required within one years from the date letters were issued. The courts are pretty flexible on this.
If a year has passed, you can ask for an accounting or a status. Yes, she can set money aside to repair the house.
Re: executor
The court requires an explanation from the executor if the probate is open for more than a year, and may fine the executor if there's not a good reason. However, the court is not always active in pursuing this until something is filed, so try pushing your sister a bit to get things sold. If she won't budge, you might try a petition for early distribution (for some of the cash), and this might have the added benefit of the court realizing there's been a delay and pushing the executor to close things.
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