Estate Distribution And Debts

Summary

The users mother passed away and her house was sold to cover tax debt. The remaining funds from the sale are held by the state. The users brother, who is the executor of the estate, has not taken any action to retrieve the funds or settle the debts. The user is seeking information about who has rights to the remaining funds, the role of the executor, and the claims of creditors. In Delaware, creditors generally have 8 months from the date of death to make a claim against an estate. Beneficiaries can petition the court for distribution if the executor doesnt distribute the assets.

Full Conversation

My mother died and her house was sold for tax debt. She had medical bills. This was 5 years ago. Can anyone access the money
Who was the executor of your mother's estate?
My brother
As the executor, your brother would have been responsible for settling any debts, including medical bills, before distributing the remaining assets. Did he do this?
No
What state did this occur in? The rules for handling estate debts vary by location.
The house was in Delaware she had address listed as Maryland from residing with my brother for a short time
Did your mother have a will, and if so, what were its terms regarding the distribution of her assets?
The will stated the house was mine by lifetime right unless sold then it was to be divided between my brother and I. She signed an agreement to pay *,* to the nursing home she was in from its sale
Did your brother, as the executor, follow the terms of the will and pay the nursing home from the sale of the house?
No
What actions have you taken so far regarding this matter?
None
What is the current status of the house and the money from its sale?
The house is sold. The remaining *,* that wasn't taken for back taxes remains held by the state
What actions has your brother, as the executor, taken to retrieve the remaining $*,* from the state?
None as I'm aware
Has your brother given any reason for not taking action to retrieve the remaining $*,* from the state?
None
What is your brother's reason for not settling the debts and distributing the remaining assets as per the will?
Simply doesn't want to
What steps have you taken to address this issue with your brother directly?
We do not speak
What steps are you willing to take to resolve this issue?
I merely wish to know who has rights to remaining funds. I lived at the address for 30 years and provided upkeep and paid the bills and taxes for over * of those years
What steps are you willing to take legally to resolve this issue?
What steps are there
You can consider hiring an attorney, filing a petition for probate court to remove your brother as executor, or suing for breach of fiduciary duty.
Who gets the left over finds
Who are the beneficiaries mentioned in your mother's will?
Funds
Who gets the leftover funds depends on the will's terms and state law. In Delaware, if the executor doesn't distribute the assets, beneficiaries can petition the court for distribution.
It's been 5 years. Who gets the funds. Creditors or beneficiaries
In Delaware, creditors are typically paid before beneficiaries. If there are remaining funds after all debts are paid, they should be distributed to the beneficiaries as per the will.
How long do creditors have a claim in this case
In Delaware, creditors generally have 8 months from the date of death to make a claim against an estate. However, certain exceptions may apply.
The executor has not fulfilled his duties. Does that impact the length of time creditors have
In Delaware, the executor's actions do not typically extend the time creditors have to make a claim. However, specific circumstances may vary. It's best to consult with a local attorney.
How long do creditors claims last
In Delaware, creditors generally have 8 months from the date of death to make a claim against an estate. However, certain exceptions may apply.
If a claim has been made how long does it remain in effect
If a claim against an estate has been made how long does it remain in effect
In Delaware, once a claim is made against an estate, it generally remains in effect until it's resolved or dismissed by the court.