Estate probate delay?

On Jun 18, 7:00 am, "q1m7ot...@sneakemail.com" <q1m7ot...@sneakemail.com> wrote:
> My two children have been waiting four years to get $10,000 each from
> there grandfathers estate.

In what state is the estate being probated?   When was probate actually opened (which may be some time after grandpa died)?  Was it a contested judicial probate, or a simpler, faster administrative probate?   Typically an administrative probate can be completed in less than a year.  There is rarely an excuse for closing of probate to take as long as 4 years unless there is a pending dispute over distribution of the assets.

> I have called and wrote to the executor of
> the estate, the attorney handling the estate and the courts trying to
> get things moving along with little success.

What have you been told by these folks?  How are we supposed to guess what to do, without knowing at least as much as you know, in summary at least?   What seems to be causing the holdup?

>  The executor of the
> estate has paid herself fully and has only paid the other
> beneficiaries about 1/2 what they are due.  The estate is simple and
> should have been completed long before now.   The executor is
> unorganized and has no motivation to complete further distributions.

That could be grounds to ask to have her removed as executor, and/or to have the court deny a fee to the present estate attorney (and of course the new executor would be able to pick his or her own attorney, someone _trhey_ can trust) to let another family member finish wrapping up the estate.  Seems to me the present executrix should be happy to do this, unless she has something to hide, e.g. improper distributions to her benefit, or wants to get paid an executor's fee (which she may already have taken out, even though it wasn't earned yet until the paperwork was done).

> The executor always says just give me two more weeks and I will wrap
> things up.

Obviously, you feel that is an empty excuse and she has no intention of acting.  So why don't you do something about it?

>  I have been reluctant to take legal action because the
> executor will keep delaying for years which would run up legal fees.

Why do you think that?  Delaying for years is what she's already doing.   At least make an appointment to consult with an independent attorney to get some real advice for you and your kids, bringing along all the paperwork you have collected to date.   Then you can get an idea of what is possible to speed things along, and what isn't, and how best to accomplish your goals.  The new attorney's fee should be a reasonably small price to pay to get things going again, and it's quite possible he will find a way to even save your kids money by making the lazy executrix cough up some or all of of the money she (may have) misappropriated.   Good luck,

> I am looking for advice as to how to apply pressure and get these
> distributions finished.

Make your appointment.   See your lawyer.  Follow his advice.

--
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Mike Jacobs
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