Legal Question in Wills and Trusts in District of Columbia
Executor of the estate refuses to sign the document releasing the pay out.
My mother is 84 years old and our uncle left her some money and our cousin who is the son of my uncle refuses to sign the papers releasing the gift to my mother. What can or should she do to force executor of the will to sign my uncle has been dead now three years.
1 Answer from Attorneys
Re: Executor of the estate refuses to sign the document releasing the pay out.
Estates in Virginia are supposed to be properly administered and closed out with a report filed with the commissioner of accounts within about 14 months or so. Three years, absent extraordinary circumstances, is way too long to probate a will.
It would appear that one of the designated beneficiaries should make application to the probate court having jurisdiction over the matter to have the executor replaced for failing to properly carry out his fiduciary duties under the will at issue.
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