Legal Question in Wills and Trusts in Maryland
If a persons dies, and there property was sold, and the funds went into the decease estate to be distributed to there living children, is there a status of limitation on when the fund can be issued out.
2 Answers from Attorneys
There is not a certain number of days or strict "statute of limitations, " but the personal representative has an obligation to disburse in a timely fashion. What is "timely" may depend on the circumstances. For instance, if creditors / claims are pending, the PR may need to wait a few months after assets are sold to ensure that all claims are paid.
Each child/interested person should receive the accounts filed with the court and if funds have not been disbursed may object.
Depending on the type of estate that was opened and any modifications afterward, there is a limitation on the period for disbursements and closure of an estate. There is also a process for bringing claims in the event that a personal representative has not properly addressed matters of probate. I would need to know the type of estate as well as whether there are other complications with completing probate. I am an experienced probate attorney and am available to assist you.
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