Probate Distribution Delay Concerns

Summary

The probate process for the estate of Max Beard in Coffey County has been completed, but distributions have been delayed for over five years. The executor mentioned timeshares would settle into the trust, but no updates have been provided. The executor is paying for the lawyer, and the case number and lawyer details were not disclosed to the other beneficiary. This may indicate a breach of fiduciary duty. Steps to address this include requesting a court hearing for estate accounting, contacting the Coffey County Courthouse, and considering legal representation. Executors can face penalties for delays, including removal and financial liability. Consulting a probate attorney is advisable.

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There has been no distributions made. It's been over five years. Will the Coffey courthouse take over the case because of the delay?
From your case details, it seems the probate process was handled in the Coffey County Courthouse. If there are concerns about delays in distributions, you may need to follow up with the Executor or attorney involved. The court might not intervene unless there's a valid legal dispute.
The executor said last year the timeshare would settle and go into the trust. But no word. The case number and lawyer was not disclosed to the other beneficiary. And weirdly the executor is paying for the lawyer. It is a couple of timeshares in New Orleans.
It seems there might be a breach of fiduciary duty by the executor. Here are some steps:
*. Request a court hearing for estate accounting.
*. Contact the Coffey County Courthouse for guidance.
*. Consider legal representation if the executor remains unresponsive.
Remember laws vary, hence consider consulting with a probate lawyer.
The estate has a lawyer assigned by the deceased
Are you able to contact the estate's lawyer for an update on the situation? If you're not satisfied with the current progress, you may want to consult with your own legal counsel.
No.
It seems you're in a difficult situation. You may want to hire your own lawyer to represent your interests. They can contact the estate's lawyer, court, or executor on your behalf. This might help move things along.
Will the courts intervene independently without the other beneficiary intervening since the executor has delayed distribution for over five years?
While courts generally do not intervene independently in estate distribution, in cases of potential executor misconduct, you can petition the court to intervene. It's advisable to consult with a probate attorney for more precise guidance.
Are there penalties against the executor for delay and monies owed to the beneficiary?
Yes, executors can face penalties for improper conduct, including:
*. Removal from executor position.
*. Legal liability for financial losses to the estate.
*. Personal liability for interest on delayed distributions.
Please consult a lawyer for further guidance.
It's been in post-judgment for over five years. I'm guessing penalties and damage will be owed.
It's possible that penalties might be owed due to the delay, however, this depends on the specific circumstances and local laws. Are you considering legal action against the executor for potential misconduct?
When we get the distribution receipts. We will look it over and get a lawyer if things look suspicious.
That sounds like a prudent course of action. Remember to consult with a lawyer experienced in probate law to fully understand your rights and possible courses of action. You can also ask them about the potential penalties that could be levied against the executor.