Legal Question in Wills and Trusts in Missouri
Estate dissemination
My wife's grandfather died Oct 99, and her cousin was named executor of his estate. She is the only heir, and to date her cousin has only given her 1/3 of her grandfather's estate, which
consisted of land to be sold (it did 2 years ago), CD's to be cashed, and a large amount of bank stock.
His answer to her is that he's too busy to work on it (he's retired and in his 70's). We suspect
that he's not happy he wasn't named in the will also. The will has not been contested in any
way, and there are no outstanding bills or taxes. He is a retired Senior Court judge.
We hesitate to take a family member to court (he's a distant cousin), but would like to know what the time limitation is for him to disseminate a case like this. Can you help?
2 Answers from Attorneys
Re: Estate dissemination
If the grandfather passed in 1999 and your wife is the only heir, then it is odd that the estate is still open. That is unless there are or were outstanding bills. There can be many knots to untangle before the eventual assets can be distributed.
You did not mention which county in Missouri that the estate is being administered in. If it is in the Westerm half of the state I would be happy to help you.
Good Luck,
Tony Smith
Re: Estate dissemination
I appreciate your not wanting to take a family member to court. However, this matter is already in court (the Probate Court), or at least it should be. The person who is serving as the personal representative (formerly known as "executor") of this estate has a legal duty to administer the estate in a reasonably timely fashion. His being "too busy" is not a valid reason for you to have to wait for your inheritance. It sounds like you should hire an attorney to represent you in the Probate court proceedings. Your attorney would review the court file and determine whether a proper inventory has been filed, whether any claims have been made against the estate, whether any settlements have been filed, and whether the estate is ready for a final distribution to heirs. If everything is in order, a polite written request may suffice to get the job finished. If not, a simple Motion may be required in order to get a Court Order moving the case along. In rare cases it is actually necessary to remove a personal representative who fails or refuses to perform his legal duties. Finally, if an unreasonable delay has caused any damage such as the loss of funds or earnings on the estate assets, and if the personal representative has posted a bond as most are required to do, you may have a valid claim against the bond. If this matter is pending in court in the Eastern half of the state, and if you are not already represented by legal counsel, I would be happy to offer you a free telephone consultation. You may call me at 314-727-2822. If you decide to proceed, I will quote you a modest retainer fee and agree to handle the matter on an hourly fee basis. Thank you and good luck!
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