Probate Case Distribution Delay

Summary

The probate case in Kansas has been in post-judgment since 2019 with no estate distribution. The executors actions, including delays and potential mismanagement, have raised concerns. Beneficiaries should document all issues, consult a probate attorney, and consider filing a court petition to address the delays and mismanagement. Multiple amended accountings and incorrect proposals further complicate the case, necessitating legal intervention for resolution.

Full Conversation

Heather is my name
Hello Heather. To better understand your situation, can you please confirm the location where the probate case is taking place?
Coffey county courthouse in kansas
Hello Heather, thank you for providing the location. In Kansas, the probate process is guided by the following:
- The Final Settlement should be filed within a year of the appointment of the executor.
- The court can extend this period if necessary.
Please consult a local probate attorney for personalized advice.
The probate case is in post judgement. The last entry was a journal entry order for final Discharge. No distributions have been made in over five years. What does this mean? When will it settle and close?
Hello Heather, the final discharge usually means the court has released the executor from their duties. However, it's unusual for no distribution to have occurred. You should:
- Contact the executor for an update
- Consult a probate attorney
- Consider filing a court petition for distribution if no progress is made.
The case is in post judgement
Hello Heather, if the case is in post judgement and no distribution has occurred, it could mean a delay or issue on the executor's part. It's advisable to:
- Contact the executor
- Seek legal advice
- Possibly file a court petition for a status report or to compel distribution.
He said a timeshare would be settled in * but it hasn't yet.
Hello Heather, a delay in settling a timeshare might be due to a variety of reasons. Your next steps could be:
- Contacting the executor for an update.
- Consulting with a probate attorney.
- Considering a court petition to address the delay.
Has the executor/trustee caused a excessive delay since it has been over five years with no distributions?
Hello Heather, based on your description, it could be interpreted as an excessive delay. However, several factors might be considered by the court such as the complexity of the estate. You should definitely consult with a probate attorney for a more accurate assessment.
Will the other benificaries get damages for loss of use of land, assets and cash?
Hello Heather, it's possible for beneficiaries to claim damages due to loss of use of estate assets. However, this is dependent on various factors including:
- Proof of negligence or misconduct by the executor.
- Actual financial loss suffered.
Consult a probate attorney for a detailed evaluation.
He caused negligence for an entire year for estate's farm. He refused to tend and farm the land for a religious sabbatical. No income was generated for the trust as a result of one calendar year.
Hello Heather, in Kansas, an executor has a duty to manage the estate's assets prudently. If negligence can be proved, he may be held responsible for the loss. You should:
- Gather evidence of negligence
- Consult a probate attorney
- Possibly file a court petition for mismanagement of estate assets.
We have the evidence in a letter they gave us and a Facebook post.
Hello Heather, that's a good start. You should:
- Preserve the evidence
- Consult a probate attorney for further guidance
- Possibly file a court petition with the evidence, if advised by your attorney.
He also let his son and daughter-in-law stay in the estates house rent-free for over four years. He threw out all of the furniture because it smelled like nicotine. He charged the estate with a housekeeper cleaning the house while his son and daughter-in-law lived there.
Heather, these actions if proven, can potentially constitute misuse of estate assets. You should:
- Document these issues
- Consult a probate attorney
- Consider filing a court petition alleging mismanagement and breach of fiduciary duty.
He also put his son and daughter in-laws names on the estates bank account. We don't know how he did it
Hello Heather, adding names to the estate's bank account without proper authorization could be a serious violation. Your next steps should be:
- Document this action
- Consult a probate attorney
- Consider filing a court petition alleging mismanagement and breach of fiduciary duty.
We haven't signed any receipts or received final distribution forms.
Hello Heather, not receiving receipts or final distribution forms could suggest potential mismanagement. You should:
- Request these documents from the executor
- Consult a probate attorney
- Consider filing a court petition if these documents are not provided.
Is it required by law to get receipts and final distribution forms signed by beneficiaries in Kansas?
Hello Heather, in Kansas, it is generally required to provide an accounting to beneficiaries, which can include receipts and final distribution forms. It helps to ensure transparency and accountability. You should:
- Ask the executor for these documents
- Consult a probate attorney if they're not provided.
He has only given us a proposal for how he wants to estate to be distributed. But it's was incorrect because he asked for over a $*,* executor fee. The estate lawyer told him no he can only ask for $*,*. And she said he didn't do near enough work to even ask for that amount. But he never updated the distribution proposal after that.
Hello Heather, executor fees in Kansas are subject to court approval and should be reasonable. If the executor's fee proposal seems excessive, you should:
- Document the issue
- Consult a probate attorney
- Consider filing a court petition challenging the executor's fee.
But we never got an updated distribution proposal reflecting the correct fee. And we also got incorrect accounting also. The executor used all of the estates bank account funds to pay off debts on the estate and put it in a negative amount. The estate lawyer was confused about it. And that was for a second amended inventory and it was still incorrect.
Hello Heather, it seems like there might be serious mismanagement issues. You should:
- Document all the inconsistencies
- Consult with a probate attorney
- Consider filing a court petition highlighting these issues, including the incorrect accounting and distribution proposal.
The probate accounting has been amended several times. And it's still not correct.
Hello Heather, multiple incorrect amendments in probate accounting is concerning. Please:
- Keep records of all incorrect amendments
- Consult a probate attorney
- Consider filing a court petition challenging the accounting accuracy.
He did a second amendment already through the courts and the estate lawyer still saw issues with it. But they turned it in already.
Hello Heather, if the estate lawyer has identified issues with the amended probate accounting, you should:
- Document these issues
- Consult a probate attorney
- Consider filing a court petition to challenge the amended probate accounting.
Why so many amended accountings?
Hello Heather, several amended accountings could indicate complexities in the case or possibly mismanagement. It's important to:
- Keep track of all amendments
- Consult a probate attorney
- Consider filing a court petition to address this issue.