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What should I do if my aunt is the executor of my mother's will?

What should I do if my aunt is the executor of my mother's will?

Q: How long does the executor have to pay the beneficiaries?

Executors are generally expected to distribute assets to beneficiaries after settling all debts and taxes of the estate. This process can take several months to a few years, depending on the estate's complexity. If the executor fails to make timely payments, beneficiaries may seek legal recourse to enforce their rights.

Q: Can a beneficiary override an executor?

No, a beneficiary cannot override an executor's decisions. The executor has the legal authority to manage the estate according to the will. However, beneficiaries can challenge the executor's actions in court if they believe the executor is not acting in the best interests of the estate or is violating their fiduciary duties.

Full question:

My mother passed away leaving a will and her sister as Executor. My aunt left us and I dont know what shes doing. What do I do now?

Category: Wills and Estates
Date: 04/07/2025
State: New York

Answer:

If the will has been probated, you can file to have your aunt removed as executor and request that another adult, such as a child of the deceased, be appointed instead. If the will has not yet been probated, it can be probated, and you can seek to have someone else appointed in her place. Additionally, you may want to investigate the assets of the estate.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How long can an executor withhold money from a beneficiary?

An executor can withhold money from a beneficiary until all debts, taxes, and expenses of the estate are settled. This process can take several months to years, depending on the estate's complexity. However, beneficiaries are entitled to regular updates on the estate's status. If you believe the executor is unduly delaying distributions, you may seek legal advice to address your concerns.

Who has more power, a beneficiary or executor?

The executor has more authority in managing the estate, including distributing assets and paying debts. However, beneficiaries have rights to receive their inheritance and can challenge the executor's actions if they believe the executor is not fulfilling their duties properly. If disputes arise, legal action may be necessary to resolve them.

Is there a time limit for an executor to distribute an estate?

While there is no specific federal time limit, most states require executors to settle estates in a reasonable time frame, typically within one to two years. Delays may occur due to complexities like debt resolution or disputes among beneficiaries. If you feel the executor is taking too long, consider consulting with a legal professional.

How long does the executor have to pay the beneficiaries?

Can a beneficiary override an executor?

What if beneficiaries are not communicating with the executor?

If beneficiaries are not communicating with the executor, it may lead to misunderstandings and delays in the estate's administration. Beneficiaries should reach out to the executor for updates. If communication fails, beneficiaries may need to seek legal advice to address their concerns and ensure the estate is being managed properly.