Legal Question in Wills and Trusts in Washington
Executor not dispersing inheritance
My wifes's brother is executor of her father's will.
The estate has a sizable amount of stock left(he has dispersed a partial amount) that would be easily liquidated to give to the 4 children(the only and equal heirs in the uncontested will)Her father died 10 + months ago. There are absolutely no legal roadblocks for the dispersal of funds.My wife asks him to do his executors duty and he gets verbally abusive.Is there a time limit in receiving inheritance? My wife is afraid of bad feelings in the family and we dont want to lawyer up if we dont have to. Also we have never received an accounting of the estate. I smell a rat but this is my wife's family and not mine.Could someone please offer advise on this situation ? Regards
2 Answers from Attorneys
Re: Executor not dispersing inheritance
I agree that you should seek the advice of an attorney and at the very least review the court file. However, I respectfully disagree that partial distributions are odd or rare. Such distributions are very common place and permit beneficiaries to receive a portion of their inheritance while awaiting the closing of the estate and the final distribution.
Re: Executor not dispersing inheritance
You need to lawyer up, plain and simple.
You can help simplify the proceeding by going to the court where the probte is being done and requesting a copy of the probate file. It is public record, and available to you.
That is if a probate has been opened. You mention a partial distribution; this is odd, as there should be one, final distribution once the estate assets are marshalled and the creditors paid.
In the event that there has been no probate filed, your wife can open one.
But this simply is not self-help law, and I cannot in good conscience suggest you try to force the issue yourselves.
Hope this helps. Powell