Legal Question in Wills and Trusts in Georgia
How long after probate to dispersement
Uncle is executor of estate. Will has been probated for five months but will not disperse until after IRS form is submitted. He says this may take 3-18 months.
My sisters and I am afraid that the estate is in high risk stocks from past conversations with my Uncle. Any advice would be greatly appreciated!
Chris
1 Answer from Attorneys
Re: How long after probate to dispersement
Last time I checked, the Estate Tax return was due not later than 9 months after death. Final individual income tax return can be filed anytime. I am not sure what powers are vested in the Executor in the will, but if the normal and usual powers are there or if the statute is incorporated in the will, the Executor can, and perhaps should, sell the volatile or risky investments and place the proceeds in more conservative investments. Unless the will says otherwise, there is nothing to prevent an Executor from changing investments.
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