Are there any timelines placed in probate law and why? 21 Answers as of July 09, 2015

My mother passed away. I received a copy of the will. My sister is the executor. The will states that my sister and I will each receive half of my mother's estate. That estate contains some money, but the largest asset is her house. My name is on the deed to the house. My sister will not speak to me. If she's the executor, can she just keep the house and money for an unlimited amount of time. Or are there timelines in place in probate law? Thank you for anything you can help me with.

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Law Offices of Robert Beatson II | Robert Beatson II
Dear Sir/Madam, The facts need to be carefully reviewed and analyzed.
Answer Applies to: Maryland
Replied: 7/9/2015
Christine Sabio Socrates Attorney at Law | Christine Socrates
There are timelimes set forth by the court however, you are entitled to have representation from an attorney so you can make sure that these deadlines are followed and your rights are protected
Answer Applies to: Ohio
Replied: 7/9/2015
O'Keefe Legal Services, L.L.C.
O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
In Maryland, there are timeline and due dates in administering estates. You may want to contact the applicable Register of Wills office to discuss your concerns with the dates relevant to the estate.
Answer Applies to: Maryland
Replied: 7/6/2015
S. Joseph Schramm | Joseph Schramm
In the administration of an estate a personal representative has 9 months from the date of death to file an inventory and an inheritance tax return. There is also a three-month timeline to file an estimated inheritance tax payment in order to receive a 5% discount on the amount of inheritance taxes that might be due. There is also the requirement that the personal representative file a status report within two years stating whether the administration is complete or whether there is still a need for administration. As for your statement that your name is on the deed it would depend on whether you were on the deed as a joint owner with right of survivorship or as a tenant-in-common with your mother. If you were on the deed as a joint tenant with right of survivorship property would transfer to you automatically by operation of law regardless of what the will stated. If you were a tenant-in-common with your mother you would retain a one-half interest in the property and the other half would pass through your mother's estate to be distributed according to the terms of her will. In that case you could end up with a 75% ownership of the house.
Answer Applies to: Pennsylvania
Replied: 7/1/2015
Goldsmith & Guymon
Goldsmith & Guymon | Dara Goldsmith
Probate and wills are for assets the do not have anyone else on title as a beneficiary or joint tenant. If your sister is on the deed and you are not, the poverty is not subject to either the will or probate. If you are concerned make an appointment with an attorney who practices in the area of trusts and estates in the locale where your mother lived, as you may have a cause of action for undue influence. Absent such factors you probably do not receive any part of the home. Best of luck to you.
Answer Applies to: Nevada
Replied: 7/1/2015
    Ronald K. Nims LLC | Ronald K. Nims
    If your sister doesn't file the will for probate within a reasonable time, say a month after the death. You can start the probate case. Warning, don't get in a battle with your sister over who will be appointed executor. The judge will appoint a buddy who'll take all the assets with huge legal fees.
    Answer Applies to: Ohio
    Replied: 7/1/2015
    Law Office of Darin Kanfer | Darin J. Kanfer
    If your name is on the deed the house should pass to you without going going through probate.
    Answer Applies to: Michigan
    Replied: 7/1/2015
    Law Offices of Robert H. Glorch | Jeffrey R. Gottlieb
    Whoa, hang on a second.? You said "my name is on the deed to the house."? Your name is on how?? If it's just in your name or it's with your mother as joint tenants (as opposed to tenancy in common) then the house is yours.? The estate/executor has nothing to do with it. As to the estate, you didn't mention how long it's been?? Has she been appointed executor? These kinds of details are important.? Contact a probate attorney.
    Answer Applies to: Illinois
    Replied: 7/1/2015
    Law Office of Pamela Braynon | Pamela Y. Braynon
    No there is no time lines on probate. However, because your name is on the home you can take some steps on your own. I suggest you hire an attorney to take care of this for you.
    Answer Applies to: Florida
    Replied: 7/1/2015
    Attorney At Law | James G. Maguire
    There are no real time limits, except that the executor is supposed to wrap up the estate in a reasonable amount of time. The executor is also obliged to give you an annual accounting of her administration of the estate, listing assets, income and expenses.
    Answer Applies to: Louisiana
    Replied: 6/30/2015
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    There are timelines that the executor must meet. The executor must also file several reports with the probate court as the estate is settled. As a direct heir, you are entitled to receive certain notice about your inheritance. FYI, it can take a year or more to settle everything and delivery of the bequests are about the last thing to happen.
    Answer Applies to: Nebraska
    Replied: 6/30/2015
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    1. What do you mean that your name is on the deed? Only your name? You and Mom as joint tenants? What? If as joint tenants, the house is yours, and not in probate. 2. She was required to file a petition for probate within 30 days after Mom died. Did you get notice that she had done so? File a Request for Special Notice , and check the Court's web-site or go to the courthouse and see the file or the docket to figure out what has been filed. She's required to report or account within a year after the death. 3. Consult a lawyer. N
    Answer Applies to: California
    Replied: 6/30/2015
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    There are time lines that need to be adhered to. Suggest you obtain a probate lawyer to represent you, including filing a petition to probate, naming you as executor maybe. Anyway at the very least obtain for yourself beneficiary presentation via a probate lawyer.
    Answer Applies to: California
    Replied: 6/30/2015
    Law Offices of George H. Shers | George H. Shers
    Yes, there are some timelines but many are vague and most are not enforced. You should file the Will for probate and ask to be appointed administrator or that someone else be appointed because your sister refuses to do anything [merely because she is the executor does not mean the court will appoint her to handle the probate]. If you are on the deed, then your mother's estate does not own the entire house and only her portion would be probated. You should speak to some local probate attorneys to see what they can do for you.
    Answer Applies to: California
    Replied: 6/30/2015
    Robert E. Giffin | Robert E. Giffin CPA
    If your name is on the deed consult an attorney as the house might not be part of your mothers estate. You may own the whole house.
    Answer Applies to: Ohio
    Replied: 6/30/2015
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    Let's assume that the house is worth, I don't know, maybe $200,000. So, there's $100,000 on the table. Isn't it worth a few bucks to get a lawyer to help you with this? That's far and away the best answer I can give to your question. Now, if your name is on the deed, then either you own half the house and the other half is in probate, or else you own the whole house the difference is whether you own with survivorship or as tenants in common. But if you're SURE that your name is on the deed, then one way or the other your sister is going to have to talk to you. She can't sell the house without you. BTW, at the county courthouse you can review all of the documents filed in the probate. If your county is doing e-filing, there will be terminals where you can look up documents; or, old school, you can look at the court's file. But think about how much is at stake here. Lawyers don't cost *that* much.
    Answer Applies to: Oregon
    Replied: 6/30/2015
    Richard J. Keyes Attorney at Law | Richard J. Keyes
    In Missouri, if your sister has the will, she is suppose to file it with the probate court in which your mother was domiciled. Ask your sister to file the will with the Probate Court. There are time limits in Missouri in terms of getting the will admitted to probate, so your best option is seeing an attorney. If your name is on the deed to the house, then the house may not have to go through probate. Show the deed to an attorney and let the attorney explain it to you.
    Answer Applies to: Missouri
    Replied: 6/30/2015
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    If the title is in your name and Mom's as joint tenants, the house is yours. It's fairly simple to transfer title into your name alone; one hour of a lawyer's time. There is a timeline for lodging a will with the court, but none for starting a probate. Once started, there are many time limits.
    Answer Applies to: California
    Replied: 6/30/2015
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    Immediately contact an attorney specializing in estate matters. There are strict timelines that apply to your sister's duties.
    Answer Applies to: Colorado
    Replied: 6/30/2015
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    If your name is on the deed to the house then you are an owner outside of probate. You can force the sale by starting a partition action. If no probate has been opened by your sister you may do so. If she has not done her duty to open a probate the court may choose you as the representative and not your sister. If the court does appoint your sister you can have the court supervise the probate and force your sister to act.
    Answer Applies to: Illinois
    Replied: 6/30/2015
    James Law Group
    James Law Group | Christine James
    There is no timeline that you should speak with an attorney as soon as possible. If your name is on the house it may not need to be probated. If she is delaying probate for her own personal gain you can file your own. Speak with an attorney as soon as possible.
    Answer Applies to: California
    Replied: 6/30/2015
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