How long does a will last? [Time to settle the estate]

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jetsmell
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How long does a will last? [Time to settle the estate]

Post by jetsmell » Sun Apr 22, 2018 10:12 pm

My girl friend will be part of a will settlement. According to the inventory she should be receiving about eighty thousand dollars. Her sister is the executor and she is my G.F.'s worst enemy. The will process started last August and everything seems to be done but it is our understanding that her sister is purposely holding out on ending it to make my G. F. wait just out of meanness. My girlfriend did call her sister and politely asked about the money and her sister got nasty. Her sister probably doesn't need the money right know because she was in charge of selling the house and everything in it. The grandfather had gold, cash, guns and other things that the sister probably sold. The big question is, is there a time limit in the state of Ohio where the Executor has to settle the will? Is there anything that can be done to force her to settle. Thank you in advance for any advice you might have.

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Pajamas
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Re: How long does a will last?

Post by Pajamas » Sun Apr 22, 2018 10:26 pm

If it went to probate, it seems that there is a six month period for creditors to file claims in Ohio, so it could easily take nine months or a year. If it did go to probate, the executrix is at least nominally under the supervision of a probate judge to ensure that the will is executed properly.

https://www.nolo.com/legal-encyclopedia ... rview.html

In my experience, it can take several years for an estate to be settled completely and all funds disbursed, but the executor often issues checks several times during the process.

quantAndHold
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Re: How long does a will last?

Post by quantAndHold » Sun Apr 22, 2018 11:59 pm

Pajamas got it right. When I did Dad’s estate, I think I distributed the first of the money after about 9 months. It was a fairly simple estate.

If you think something is amiss, contact the probate court. The information should be in the paper you got when probate was opened. But keep in mind that being executor is a lot of work, and pestering he executor about the money is is more likely to annoy the executor than it is to speed up the distribution.

jetsmell
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Re: How long does a will last?

Post by jetsmell » Mon Apr 23, 2018 12:55 am

The following is what the internet shows;

08/04/2017 Deposit on Case $235.00
08/04/2017 Classification Form for Estates Filed
08/04/2017 Surviving Spouse, Next of Kin, Legatees and Devisees Filed (Amended 1.0 Filed 12-4-17)
08/04/2017 Last Will and Testament Filed/First Codicil to the Last Will and Testament
08/04/2017 Application to Probate Will Filed/Waiver of Notice of Probate of Will (2)
08/04/2017 Entry Admitting Will to Probate Filed $15.00
08/04/2017 Application for Authority to Administer Estate filed $39.00
08/04/2017 Fiduciary's Acceptance Filed
08/04/2017 Entry Appointing Fiduciary; Letters of Authority Issued and Filed $48.00
08/04/2017 Copy of Death Record Filed
08/04/2017 Indexing $15.00
08/04/2017 Forms $10.00
08/16/2017 Certified Copies of Entry Appointing Fiduciary $3.00
08/29/2017 Proof of Notice of Probate of Will by Atty. Filed (3) $2.00
10/24/2017 Inventory without Appraisement filed. $20.00
10/24/2017 Schedule of Assets Filed
10/24/2017 Waiver of Notice of Hearing on Inventory filed (3)
10/24/2017 Entry Approving Inventory Filed
11/02/2017 Citation to File Certificate of Notice on Probate of Will Issued to Fid. and Copy to Attorney Filed $6.00
11/02/2017 Hearing set:
Event: Citation to File Certificate of Notice on Will
Date: 12/27/2017 Time: 9:30 am
Judge: James C. Location: Probate Court Room

Result: Event Cancelled
11/06/2017 Certificate of Service of Notice of Probate of Will Filed $5.00
12/04/2017 Report of Newly Discovered Assets & Entry Approving Report Filed. $7.00
12/04/2017 Amended Surviving Spouse, Next of Kin, Legatees and Devisees Filed
03/13/2018 Notice to File Account Mailed to Attorney by regular mail, Copy mailed to Fiduciary by regular mail $2.00
03/23/2018 Application to Extend Administration and Entry Approving Filed

The money is in a bank and life insurance, that's all.

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Pajamas
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Re: How long does a will last?

Post by Pajamas » Mon Apr 23, 2018 1:25 am

Yes all that looks fairly normal, with some additional assets discovered near the end of the year, causing a delay, and now you see why your girlfriend's sister got nasty when she was asked about where the money is.

Often the executor is entitled to payment for all that work but frequently family members choose not to accept payment. If that is the case, she may be dealing with all of that for nothing except her share of the inheritance just because her grandfather asked her to take on the responsibility.

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FiveK
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Re: How long does a will last?

Post by FiveK » Mon Apr 23, 2018 3:47 am

Pajamas wrote:
Mon Apr 23, 2018 1:25 am
...now you see why your girlfriend's sister got nasty when she was asked about where the money is.
Perhaps my eyes are failing but it's not at all obvious why any nastiness was justified. Of course, there may be more to the story, but...?

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Re: How long does a will last?

Post by carolinaman » Mon Apr 23, 2018 5:42 am

When I handled my mother's small estate, I did it without using an attorney except I had one review everything. He advised to hold back some of the money for a year to assure that all estate obligations were identified. Often medical bills are slow to arrive and there may be unexpected liabilities show up. I got push back from both of my sisters (we have good relationship) but I explained why I was holding back and they seemed satisfied. That said, I do not think it is necessary for the executor to hold back all of the funds. However, she may be getting advice from an attorney to do so. She has liability exposure so it is reasonable to be deliberate.

jetsmell
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Re: How long does a will last?

Post by jetsmell » Mon Apr 23, 2018 6:02 am

My girlfriend and her sister have been at war since they were little. My girlfriends mother told her when she was older that they feared that her sister would kill or hurt her if left alone. I have heard many nasty stories about how my girlfriend was treated and their little brother is a victim as well. My girlfriend asked for a partial payment not even the full amount. She told me last August that her sister was going to cause trouble for her and her little brother. We were hoping by Ohio law that there is a time limit on how long an Executor can hold the money.

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Re: How long does a will last?

Post by mouses » Mon Apr 23, 2018 7:13 am

jetsmell wrote:
Sun Apr 22, 2018 10:12 pm
Her sister probably doesn't need the money right know because she was in charge of selling the house and everything in it. The grandfather had gold, cash, guns and other things that the sister probably sold.
Are you implying the sister kept the proceeds for herself when they were due also to the other beneficiaries?

When I was an executor, I kept the other beneficiaries informed about what was going on, issuing packets of information with receipts, copies of bills, etc. monthly. I made some initial disbursements of moneys but kept back quite a bit until it was clear taxes, bills, and other expenses like attorney's fees were covered.

If I were you, I'd contact the court and ask if you could be informed about the state of what is going on. I would probably first phone, as in my experience clerks of court know a lot and are helpful. You might have to write a letter to the judge.

mouses
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Re: How long does a will last?

Post by mouses » Mon Apr 23, 2018 7:15 am

FiveK wrote:
Mon Apr 23, 2018 3:47 am
Pajamas wrote:
Mon Apr 23, 2018 1:25 am
...now you see why your girlfriend's sister got nasty when she was asked about where the money is.
Perhaps my eyes are failing but it's not at all obvious why any nastiness was justified. Of course, there may be more to the story, but...?
Perhaps nastiness on both sides. We don't know if the executor is a piece of work, or if she's swamped and perceives the inquiries as a hassle.

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Re: How long does a will last?

Post by tibbitts » Mon Apr 23, 2018 7:35 am

Who died (what relation)?

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8foot7
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Re: How long does a will last?

Post by 8foot7 » Mon Apr 23, 2018 8:14 am

I believe in many jurisdictions since your girlfriend is direct beneficiary of some funds that you can file something with the court in order to be notified when things happen. I don't know what it's called. Talk to the clerk of court in the county in which the estate is being handled and state your concerns. They can probably assist.

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Re: How long does a will last?

Post by oldcomputerguy » Mon Apr 23, 2018 8:23 am

jetsmell wrote:
Sun Apr 22, 2018 10:12 pm
The big question is, is there a time limit in the state of Ohio where the Executor has to settle the will?
I don't know if any state has a requirement that the will must be settled and the estate closed within a particular timeframe. But I do know from watching my wife and her sister-in-law settle her mother's estate a few years ago that it takes quite a while. Her mom only had the house, her personal property, and some stocks in a Compushare account, and it took over a year and a half before everything was settled and the estate closed out. From your post showing the timeline from the Internet, it appears that this estate process has only been going on for less than half that, so I would not get too excited at this point.

As for the sister's reaction to your girlfriend's questioning, I think mouses has it right. It could simply be that the sister feels swamped with the responsibility and sees your girlfriend's questioning as an irritation.
It’s taken me a lot of years, but I’ve come around to this: If you’re dumb, surround yourself with smart people. And if you’re smart, surround yourself with smart people who disagree with you.

grandmacassie
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Re: How long does a will last?

Post by grandmacassie » Mon Apr 23, 2018 8:32 am

I think 9 months to a year is routine to settle an estate.

Once a wills and estates attorney told me of his response to family members who nag him for "their" money during the estate settlement process. "If you are so desperate for this money, what would you have done if (loved one) had lived?"

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Re: How long does a will last?

Post by bsteiner » Mon Apr 23, 2018 8:42 am

grandmacassie wrote:
Mon Apr 23, 2018 8:32 am
I think 9 months to a year is routine to settle an estate.

Once a wills and estates attorney told me of his response to family members who nag him for "their" money during the estate settlement process. "If you are so desperate for this money, what would you have done if (loved one) had lived?"
An excellent point (except where the decedent had been supporting the beneficiary).

The time needed to administer an estate can vary considerably from one estate to another. Doing is well is more important than doing it quickly. We had two that were open for about 20 years, though most were wound up shortly after the audit of the estate tax return was completed or the estate tax return was accepted without audit. With fewer estate tax returns being filed, more estates will be wound up sooner.

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Re: How long does a will last? [Time to settle the estate]

Post by LadyGeek » Mon Apr 23, 2018 4:02 pm

The OP has a related question here: What type of loan? [until funds received from estate settlement]

I retitled the thread for clarity.
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quantAndHold
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Re: How long does a will last?

Post by quantAndHold » Mon Apr 23, 2018 4:36 pm

jetsmell wrote:
Mon Apr 23, 2018 6:02 am
My girlfriend and her sister have been at war since they were little. My girlfriends mother told her when she was older that they feared that her sister would kill or hurt her if left alone. I have heard many nasty stories about how my girlfriend was treated and their little brother is a victim as well. My girlfriend asked for a partial payment not even the full amount. She told me last August that her sister was going to cause trouble for her and her little brother. We were hoping by Ohio law that there is a time limit on how long an Executor can hold the money.
I don’t know Ohio law, but the length of time this is taking is not at all out of line, especially since something unexpected was discovered at the end of the year.

Life insurance should be outside of probate. If GF is a beneficiary of life insurance, she should contact the life insurance company directly. Executors will often handle life insurance claims for the family because they’re doing everything else, but it isn’t really part of their official job.

Again, if you think the executor is doing something illegal, contact the probate court. Just not liking the woman isn’t grounds for anything, though. I suspect there are two sides to GF’s story.

jetsmell
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Re: How long does a will last? [Time to settle the estate]

Post by jetsmell » Mon Apr 23, 2018 4:51 pm

My Girlfriend spoke with the lawyer and he said there is nothing stopping the executor from a small payout to beneficiaries as long as all received one in the same amount to keep it simple. Also, the amount of work it takes to be an executor is known to us. She is exactly in the position she wanted. She didn't have to take on the whole burden herself. She is a control driven person and is getting paid for her work.

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Re: How long does a will last? [Time to settle the estate]

Post by Ged » Mon Apr 23, 2018 5:16 pm

Normally the executor wants to get it done in less than a year in order to minimize the number of tax returns they have to file while the estate exists.

The slow part of the process is generally getting real estate sold.

NotWhoYouThink
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Re: How long does a will last? [Time to settle the estate]

Post by NotWhoYouThink » Mon Apr 23, 2018 5:31 pm

The executor "could" do a lot of things, including issuing checks before the final settlement amount is known, and wrapping things up as quickly as possible. She also "could" drag things out for months or maybe years with one little detail after another. You seem to know her and her relationship with one of the beneficiaries. Don't get your hopes up for a quick settlement. Maybe you'll get a happy surprise, but probably you'll just continue to be frustrated for a while.

It hasn't been that long yet, especially since there was a house to sell.

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Re: How long does a will last? [Time to settle the estate]

Post by DarthSage » Mon Apr 23, 2018 5:36 pm

My MIL died in July, 2017, and we haven't seen a dime from the estate directly yet. We HAVE received life insurance payouts and RMDs from her IRAs. The more complicated the estate, the longer it takes, and I'm going to assume that the executor wants to make sure it's done right. Keep in mind, if she's never done this before, the executor also has quite a learning curve. In our case, DH and his brother our co-executors. They get along fine. The estate lawyer gave them a three-page "punch list" of everything that has to happen.

In our case, the will has passed through probate. I know the estate has to file a tax return, and also a final tax return has to be filed for MIL, both for 2017. There might also be something that needs to be filed for 2018. We were fortunate in that MIL's house was cleaned out and sold prior to her passing, but that job alone can take months.

Honestly, it sounds like you guys are hanging on by your fingernails, waiting for this inheritance to come through. I base that on this and your other thread about getting a loan. I respectfully suggest that you consider some of your life choices--what will you do if the estate takes another 5 years to settle? Or if something happens and you never get the money you expect? Or when the money runs out (probably quickly, if your credit cards are maxed, your car is leased, etc.)?

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Re: How long does a will last? [Time to settle the estate]

Post by Katietsu » Mon Apr 23, 2018 6:46 pm

The sister has done nothing out of line. I think that a lifetime of animosity is interfering with reasonableness. I have been involved personally with half a dozen estates and in all of the cases there were no assets distributed before a year. Yes, in some cases, there could have been. But in all cases the decision was made not to do so. This was done for a few reasons with the primary one being that it is just easier to do it all at once.

Tell your girlfriend to just forget about the inheritance for a while. And to not let her hatred for her sister cloud her judgement of her sister’s performance as executor. From what you have posted here, the sister appears to be doing a good job.

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Re: How long does a will last? [Time to settle the estate]

Post by pennywise » Mon Apr 23, 2018 7:10 pm

Katietsu wrote:
Mon Apr 23, 2018 6:46 pm
The sister has done nothing out of line. I think that a lifetime of animosity is interfering with reasonableness. I have been involved personally with half a dozen estates and in all of the cases there were no assets distributed before a year. Yes, in some cases, there could have been. But in all cases the decision was made not to do so. This was done for a few reasons with the primary one being that it is just easier to do it all at once.

Tell your girlfriend to just forget about the inheritance for a while. And to not let her hatred for her sister cloud her judgement of her sister’s performance as executor. From what you have posted here, the sister appears to be doing a good job.
+1

We inherited a friend's estate and it took nearly 2 years to complete the probate process. Our friend left a clear and simple will leaving everything to us. And then we discovered that just getting onto the judge's probate docket took almost 6 months, that retitling his cars and motorcycles required a court order, that our friend had quit filing income tax returns for a decade and then when the accountant hired by the estate attorney filed returns *surprise* someone had fraudulently filed and collected his refund for one year so there was a subsequent IRS investigation. I sometimes thought the estate would never be settled!

Who knows if the sister is doing a good job or not--it will take as long as it takes. And as others have said it sounds ominously as if the OP and the inheritor have already spent the inheritance long before it will appear in anyone's bank account.

An inheritance is NEVER solid until the check clears, as the saying goes. Best slow this gimme-the-money roll immediately and quit counting on money you don't have and may not have for a long time.

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Re: How long does a will last? [Time to settle the estate]

Post by mouses » Tue Apr 24, 2018 7:07 am

pennywise wrote:
Mon Apr 23, 2018 7:10 pm
Katietsu wrote:
Mon Apr 23, 2018 6:46 pm
The sister has done nothing out of line. I think that a lifetime of animosity is interfering with reasonableness. I have been involved personally with half a dozen estates and in all of the cases there were no assets distributed before a year. Yes, in some cases, there could have been. But in all cases the decision was made not to do so. This was done for a few reasons with the primary one being that it is just easier to do it all at once.

Tell your girlfriend to just forget about the inheritance for a while. And to not let her hatred for her sister cloud her judgement of her sister’s performance as executor. From what you have posted here, the sister appears to be doing a good job.
+1

We inherited a friend's estate and it took nearly 2 years to complete the probate process. Our friend left a clear and simple will leaving everything to us. And then we discovered that just getting onto the judge's probate docket took almost 6 months, that retitling his cars and motorcycles required a court order, that our friend had quit filing income tax returns for a decade and then when the accountant hired by the estate attorney filed returns *surprise* someone had fraudulently filed and collected his refund for one year so there was a subsequent IRS investigation. I sometimes thought the estate would never be settled!

Who knows if the sister is doing a good job or not--it will take as long as it takes. And as others have said it sounds ominously as if the OP and the inheritor have already spent the inheritance long before it will appear in anyone's bank account.

An inheritance is NEVER solid until the check clears, as the saying goes. Best slow this gimme-the-money roll immediately and quit counting on money you don't have and may not have for a long time.
A revocable living trust would have avoided a lot of that mess.

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Re: How long does a will last?

Post by mouses » Tue Apr 24, 2018 7:08 am

bsteiner wrote:
Mon Apr 23, 2018 8:42 am

The time needed to administer an estate can vary considerably from one estate to another. Doing is well is more important than doing it quickly. We had two that were open for about 20 years, though most were wound up shortly after the audit of the estate tax return was completed or the estate tax return was accepted without audit. With fewer estate tax returns being filed, more estates will be wound up sooner.
I've been an executor, so I can easily see up to two years, but twenty years? What caused that?

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Re: How long does a will last?

Post by bsteiner » Tue Apr 24, 2018 9:14 am

mouses wrote:
Tue Apr 24, 2018 7:08 am
bsteiner wrote:
Mon Apr 23, 2018 8:42 am

The time needed to administer an estate can vary considerably from one estate to another. Doing is well is more important than doing it quickly. We had two that were open for about 20 years, though most were wound up shortly after the audit of the estate tax return was completed or the estate tax return was accepted without audit. With fewer estate tax returns being filed, more estates will be wound up sooner.
I've been an executor, so I can easily see up to two years, but twenty years? What caused that?
In one of these cases, the estate was large and complicated. The estate was paying the estate tax in installments, which is permitted where at least 35% of an estate consists of an interest in a closely-held business. At some point the business was sold and the balance of the estate tax was paid. The decedent had been a party to a contract in which someone was entitled to a contingent payment upon the sale of the business. The estate made the payment and filed Federal and state estate tax refund claims to claim a deduction for the payment as a debt. It took a while to resolve the Federal and state estate tax refund claims.

In the other case, the decedent owned interests in a few pieces of real estate that one child was using. Many years later, a dispute arose among the surviving spouse and the children. The decedent's estate wasn't really open at that point since the property had long since passed to the marital and credit shelter trusts.

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Re: How long does a will last? [Time to settle the estate]

Post by Alan S. » Tue Apr 24, 2018 2:18 pm


NCSU1980
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Re: How long does a will last? [Time to settle the estate]

Post by NCSU1980 » Tue Apr 24, 2018 3:17 pm

jetsmell wrote:
Mon Apr 23, 2018 4:51 pm
My Girlfriend spoke with the lawyer and he said there is nothing stopping the executor from a small payout to beneficiaries as long as all received one in the same amount to keep it simple. Also, the amount of work it takes to be an executor is known to us. She is exactly in the position she wanted. She didn't have to take on the whole burden herself. She is a control driven person and is getting paid for her work.
"No good deed goes unpunished".

Your remarks and criticism of the sister serving as the executor suggest that you may not know as much about the process as you indicated. "She is exactly in the position she wanted". You do realize she was appointed by the decedent I hope. Your comment implies that the executor appointed herself, which is not the case. Sorry that there is some friction between your GF and the sister, but there must be valid reasons that the decedent chose the sibling that she did to handle the responsibilities of settling the estate. Perhaps decedent felt the sister was more capable in the skill sets needed to get the estate closed, with no disrespect to your GF intended.

I have served as an executor for two estates and I can tell you as the old saying goes it's better to be an heir than an executor. While my relatives were appreciative of my efforts in that role, I would gladly have withdrawn from that role and been happy to let someone else do all the work for the paltry executor fee, the real financial gain is in the inheritance. But I had agreed beforehand to accept that role and dutifully honored that commitment, as I presume your GF's sister is now doing.

"She didn't have to take on the whole burden herself. She is a control driven person and is getting paid for her work." Sounds like sour grapes and there is no "executor by committee", once the sister recorded the will and committed to her role she is now legally bound to complete the task at hand.

I sincerely hope that the already-strained relationship between your GF and her sister is not damaged further by this unfortunate situation. But before you bash the executor you might want to re-evaluate if your expectations are informed and reasonable.

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Re: How long does a will last? [Time to settle the estate]

Post by psteinx » Tue Apr 24, 2018 3:21 pm

OP, you're 18, and the person you're concerned about is your GF, not your spouse. While it's nice to be helpful and supportive, this really isn't your battle to fight (if it should even be fought at all).

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FiveK
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Re: How long does a will last? [Time to settle the estate]

Post by FiveK » Tue Apr 24, 2018 4:14 pm

psteinx wrote:
Tue Apr 24, 2018 3:21 pm
OP, you're 18....
jetsmell wrote:
Sun Aug 30, 2015 5:30 pm
I'm 65 and retired.
What...?

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Re: How long does a will last? [Time to settle the estate]

Post by psteinx » Tue Apr 24, 2018 5:42 pm

Oops - thought I had read that, but read wrong or remembered wrong or who knows what...

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Re: How long does a will last? [Time to settle the estate]

Post by bsteiner » Tue Apr 24, 2018 8:58 pm

NCSU1980 wrote:
Tue Apr 24, 2018 3:17 pm
... there is no "executor by committee" ....
A testator may name two or more persons to serve as executors together. Many people who have more than one capable child do that. There are other cases where people do that as well.

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Re: How long does a will last? [Time to settle the estate]

Post by jminv » Tue Apr 24, 2018 9:31 pm

Estates take awhile to settle and to be honest, it's a major pain to be the executor. No one really wants to do it, especially after the decedant has passed and they realize what is actually involved. As others have pointed out, while there is the possbility of compensation family often doesn't take it and in any case the real money is in the inheritance, not being paid for doing work you'd rather not be doing. People on the other side of it, that are just waiting for a check out from all the work of the executor, can't really understand what the executor is doing. They want their money as soon as possible but generally don't understand the process at all. Allowing the executor to conclude their work and distribute the proceeds as stated in the will will be the best option in the long run. I'm sure the executor also wants their share of the money and to close out the case. It's not a fun experience. It's often very frustrating and time consuming.

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Re: How long does a will last? [Time to settle the estate]

Post by jetsmell » Wed Apr 25, 2018 12:16 am

We figured the sister will be getting about $8,000. for her work as an executor according to Ohio law, we have no problem with that. The lawyer of the will said she can payout in equal shares( to make things easier ) at least a part of the total with no problems, right now, today. The problem we have is that she doesn't want to because she has a burr up her rear end. She's been a control freak from childhood. I can tell you many, many things that she has done, not only to me but also our little brother and even to the grandfather who died. Most of the family was afraid of her. One day I visited my grand parents, and without thinking they told my sister that I paid a visit and my sister went into a rage. After that, they never mentioned every time I would visit, just to keep peace. When I called asking for a portion, she screamed at me and said " you never paid our grand parents any attention, now that they are dead you only want the money ." That really hurt to hear that because it's not true.
I'm at the mercy of a demon. All I want is fairness ASAP, nothing more, nothing less.

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Re: How long does a will last? [Time to settle the estate]

Post by quantAndHold » Wed Apr 25, 2018 12:31 am

Jetsmell, just stop. It sounds like everything is being handled legally. It’s not the executor’s fault that you’re short on cash, and if she is the vindictive whatever you seem to think she is, whining and complaining doesn't seem likely to speed things up.

Also, every time you call the lawyer, he sends a bill to the estate, and his pay comes out of your inheritance.

pennywise
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Re: How long does a will last? [Time to settle the estate]

Post by pennywise » Wed Apr 25, 2018 7:06 am

mouses wrote:
Tue Apr 24, 2018 7:07 am
A revocable living trust would have avoided a lot of that mess.
Indeed. Spending those semesters in the School of Hard Knocks led us directly back to the estate planning attorney :D . Got MIL's trust and corollary docs done 6 months before her last fall launched her firmly into elderly dementia incapacity.

Just paid the same lawyer for setting up the revocable living trust and corollary docs for my husband and me as well. I will NEVER put my kids through what we had to experience!

pennywise
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Re: How long does a will last? [Time to settle the estate]

Post by pennywise » Wed Apr 25, 2018 7:13 am

jetsmell wrote:
Wed Apr 25, 2018 12:16 am
We figured the sister will be getting about $8,000. for her work as an executor according to Ohio law, we have no problem with that. The lawyer of the will said she can payout in equal shares( to make things easier ) at least a part of the total with no problems, right now, today. The problem we have is that she doesn't want to because she has a burr up her rear end. She's been a control freak from childhood. I can tell you many, many things that she has done, not only to me but also our little brother and even to the grandfather who died. Most of the family was afraid of her. One day I visited my grand parents, and without thinking they told my sister that I paid a visit and my sister went into a rage. After that, they never mentioned every time I would visit, just to keep peace. When I called asking for a portion, she screamed at me and said " you never paid our grand parents any attention, now that they are dead you only want the money ." That really hurt to hear that because it's not true.
I'm at the mercy of a demon. All I want is fairness ASAP, nothing more, nothing less.
Quoting in entirety because clearly you are the 'girlfriend' that you purportedly were asking on behalf of in the original query. Why are you pretending your questions are on someone else's behalf?

Frankly the more you reveal the more you sound like an entitled relative who is just angry at not getting your hands on a large sum of money that you have already mentally spent on yourself and your outstanding bills. If you are at the point of needing short term loans to pay credit card bills....it doesn't sound like your sister is the problem here.

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Re: How long does a will last? [Time to settle the estate]

Post by 8foot7 » Wed Apr 25, 2018 7:15 am

:oops: :moneybag

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Re: How long does a will last? [Time to settle the estate]

Post by bsteiner » Wed Apr 25, 2018 7:48 am

mouses wrote:
Tue Apr 24, 2018 7:07 am
...
A revocable living trust would have avoided a lot of that mess.
In most cases it won't make much difference. You still have to deal with the assets, debts, expenses, taxes, and often most important the people involved.

In one case we're still litigating even though the decedent died about 7 years ago with no probate assets (everything passed to named beneficiaries outside the Will). Among other things, we're litigating over whether the beneficiary designations were valid. Unlike a Will where the issues are whether he was competent and free from undue influence on a single day, here each beneficiary designation was signed on a different day so each one depends on different facts.

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Re: How long does a will last? [Time to settle the estate]

Post by NCSU1980 » Wed Apr 25, 2018 7:57 am

bsteiner wrote:
Tue Apr 24, 2018 8:58 pm
NCSU1980 wrote:
Tue Apr 24, 2018 3:17 pm
... there is no "executor by committee" ....
A testator may name two or more persons to serve as executors together. Many people who have more than one capable child do that. There are other cases where people do that as well.
Thanks Bsteiner, good reminder to all which I had overlooked in my posting. I was a co-executor in one previous estate I was involved in. With that arrangement specified in the will both named executors were listed in the letters testamentary and both signatures were required to sign all paperwork for any transactions.

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Re: How long does a will last? [Time to settle the estate]

Post by mouses » Wed Apr 25, 2018 8:00 am

bsteiner wrote:
Wed Apr 25, 2018 7:48 am
mouses wrote:
Tue Apr 24, 2018 7:07 am
...
A revocable living trust would have avoided a lot of that mess.
In most cases it won't make much difference. You still have to deal with the assets, debts, expenses, taxes, and often most important the people involved.

In one case we're still litigating even though the decedent died about 7 years ago with no probate assets (everything passed to named beneficiaries outside the Will). Among other things, we're litigating over whether the beneficiary designations were valid. Unlike a Will where the issues are whether he was competent and free from undue influence on a single day, here each beneficiary designation was signed on a different day so each one depends on different facts.
A difference is the executor/trustee doesn't have to trundle over to the probate court and wait to get scheduled, and wait for the judge to paw over everything to approve things. You can just do it, like sell real estate. Of course, when I was doing this, I kept the beneficiaries informed and solicited their opinions. But the last thing I needed when buried in paperwork was have the probate court complication.

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Re: How long does a will last? [Time to settle the estate]

Post by RickBoglehead » Wed Apr 25, 2018 8:22 am

It is very beneficial to have pre-death discussions before establishing trusts and wills so that everyone knows who is the executor and who are the beneficiaries. Many books discuss this at length.

A relative had all three children listed as successor trustees on their revocable trust. It was pointed out that getting three people to agree on anything would be a nightmare, and the trust was amended to have 1 successor trustee, with the second in place in case the first wasn't around, and then the third. This way one person makes the decisions. Choosing to consult with others is recommended, but not required. Someone has to decide things.

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Re: How long does a will last? [Time to settle the estate]

Post by bsteiner » Wed Apr 25, 2018 9:51 am

mouses wrote:
Wed Apr 25, 2018 8:00 am
bsteiner wrote:
Wed Apr 25, 2018 7:48 am
mouses wrote:
Tue Apr 24, 2018 7:07 am
...
A revocable living trust would have avoided a lot of that mess.
In most cases it won't make much difference. You still have to deal with the assets, debts, expenses, taxes, and often most important the people involved.
...
A difference is the executor/trustee doesn't have to trundle over to the probate court and wait to get scheduled, and wait for the judge to paw over everything to approve things. You can just do it, like sell real estate. Of course, when I was doing this, I kept the beneficiaries informed and solicited their opinions. But the last thing I needed when buried in paperwork was have the probate court complication.
That varies from state to state. In New York and Florida it's all done by papers. In New Jersey a local executor will sign the papers in the courthouse but they're processed quickly and routinely, and an out-of-state executor will sign the papers before a local notary and send them in.
RickBoglehead wrote:
Wed Apr 25, 2018 8:22 am
...
A relative had all three children listed as successor trustees on their revocable trust. It was pointed out that getting three people to agree on anything would be a nightmare, and the trust was amended to have 1 successor trustee, with the second in place in case the first wasn't around, and then the third. This way one person makes the decisions. Choosing to consult with others is recommended, but not required. Someone has to decide things.
Whether to name one or more than one child as executors depends on the situation.

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Re: How long does a will last? [Time to settle the estate]

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