Probate Case Delay Concerns

Summary

In Kansas, probate cases can extend beyond five years. If an executor delays duties, beneficiaries can request court intervention or take legal action. The court may reduce executor/attorney fees due to unreasonable delays. Post-judgment interest rates are set annually by the Kansas Secretary of State. Beneficiaries should consult a local attorney for precise advice and to explore options for reopening the estate or seeking justice for any misconduct.

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Coffey county Kansas
In Coffey County, Kansas, the court may not intervene in a probate case without relevant parties bringing the issue to its attention. As a beneficiary, it might be beneficial to:
* Consult with a probate attorney
* File a petition with the court asking for an accounting or distribution.
Remember, this is general advice and the specifics may vary.
Don't they have to if it's been over five years?
In Kansas, there's no specific time limit for a probate case to conclude. However, if it's been over 5 years:
* Beneficiaries can request accounting or distribution.
* Court won't intervene unless an issue is brought up.
Please consult a local attorney for precise advice.
Could the executor/trustee keep going unnoticed by the courts?
In Kansas, courts usually don't monitor executors/trustees unless an issue is raised. However:
* If the executor/trustee is not fulfilling their duties, beneficiaries can take legal action.
* A court can then step in to enforce the trustee's duties or replace them.
Always consult a local attorney for detailed advice.
Based on this law in kansas will this probate case that's over five years into any of this: *-*. Duration of administration; reopening, when; costs. Every executor and administrator shall have nine (*) months from the date of his or her appointment for the settlement of the estate. An administrator de bonis non shall have such time, not exceeding nine (*) months as the court may determine. For cause shown the period herein limited may be extended by the court, not exceeding nine (*) months at a time. The executor or administrator shall not be disqualified thereafter in any way, unless removed, but he or she shall not be relieved from any loss, liability, or penalty incurred by failure to settle the estate within the time limited. That in case any executor or administrator shall fail or refuse for a period of thirty days after the expiration of said nine (*) months to make such settlement, he or she may be cited by the court for the purpose of making such settlement unless the time therefor has been extended by the court, and all costs connected with such citation and the hearing thereon shall be assessed against such executor or administrator, and not against the estate: Provided, In the event the return of said citation shows that the executor or administrator is not within the jurisdiction of said court, said estate may be closed by the order of the court without a publication notice when there has been no prosecution thereon for a period of five (*) years. Said estate may be reopened within one (*) year thereafter upon petition by a direct heir, executor or administrator who shall be charged with the costs thereof.
Based on Kansas law *-*, a probate case can indeed extend beyond five years. However:
- If no settlement occurs after nine months, the court can cite the executor/administrator.
- If no activity for five years, the court can close the estate.
- The estate can be reopened within one year by a direct heir, executor, or administrator.
Please consult a local attorney for detailed advice.
If they close the estate then what?
If the court in Kansas closes the estate after no activity for 5 years:
- The estate essentially ceases to exist.
- It could be reopened within one year by a direct heir, executor, or administrator.
- Costs of reopening are charged to the petitioner.
- Consult a local attorney for advice.
He hasn't finished his duties.
If the executor hasn't finished his duties and the estate is closed:
- The executor's duties cease with the closing of the estate.
- If reopened, the executor resumes duties or a new one is appointed.
- Legal action can be taken against the executor for neglecting duties.
Consult a local attorney for advice.
If no settlement occurs after nine months, the court can cite the executor/administrator. What does this mean exactly?
"Citing the executor/administrator" means the court can issue a formal notice to them, asking them to explain why they haven't settled the estate. The court may take further action based on their response, including imposing penalties or removing them from their role. Always consult a local attorney for precise advice.
It's been over five years though with no distributions made. No receipts signed by the beneficiary. The only receipts signed were by the executor, estate attorney.
If no distributions have been made after five years, and receipts have only been signed by the executor and estate attorney:
* Beneficiaries can take legal action for an accounting or distribution.
* Courts may intervene if a complaint is filed.
* Consult a local attorney for advice.
Without the beneficiary signing receipts, why did the judge make a journal entry"order" for final discharge?
The judge's "order" for final discharge could be due to several reasons:
- They may believe that all assets have been properly disbursed.
- They may not be aware of any unresolved issues.
If you believe this is an error, it's crucial to consult a local attorney to challenge this order or clarify things.
The executor said his is still trying to settle two timeshares. He didn't bother getting a lawyer for the timeshare until the fourth year.
Has the executor communicated any reasons for the delay in settling the timeshares, or any progress made so far?
If not, you might want to:
* Request an update from the executor.
* Consider legal action to compel the executor to fulfill their duties.
* Always consult a local attorney for precise advice.
He said nothing about a delay. He said he tried to sell them at first but wasn't successful supposedly. Why it took for years to get a lawyer to settle the timeshares is unknown. We don't know if it's progressed. It's been a year and three months. We were not given a case number or lawyer name. We don't even know if the car actually exists? We have no evidence.
If you feel the executor isn't performing their duties, you can:
- Request evidence of the timeshares and car.
- File a complaint with the court.
- Consult a local attorney for detailed advice.
He said the timeshares would be settled the end of *. It's now April *.
In this situation, where the executor has not fulfilled their duties within the promised timeline:
- You have the right to ask for an update.
- You can take legal action against the executor.
- Consult a local attorney for precise advice.
I'm concerned he has already taken advantage of us and we have no recourse since it's been over five years.
If you suspect misconduct, it might be beneficial to:
* Seek legal counsel.
* File a complaint with the court.
* Request an accounting or distribution.
Please provide more details about your concerns for specific guidance.
You said the court can close it after several years.
Yes, as per Kansas law, the court can close an estate after five years of no activity. However, this doesn't eliminate the possibility of beneficiaries taking action. Could you please elaborate on your concerns so I can provide more specific guidance?
If they close it for no activity then the beneficiary don't get any distribution?
If the court in Kansas closes an estate due to no activity:
- The estate ceases to exist and no further distributions occur.
- The estate can be reopened within a year by a direct heir, executor, or administrator.
- You should consult a local attorney for advice.
Wow, that seems absurd. To allow an executor to delay for several years without making distributions or closing the estate and then have the court close it for no activity is hurting the beneficiaries and rewarding the executor. Are there penalties or any justice for the beneficiary?
In Kansas, if an executor fails to fulfill their duties, beneficiaries can:
- Request court intervention.
- Possibly sue the executor for breach of duty.
- Request court to replace the executor.
Consult a local attorney for detailed advice.
But if they close it then it's over. The benificary gets no assets and the executor gets away with delaying and not distributing and closing the estate.
If the estate is closed without distribution, the beneficiaries can:
- Reopen the estate within a year.
- Possibly sue the executor for breach of duty.
- Consult a local attorney for detailed advice.
Please provide more details about your concerns for specific guidance.
It's not closed but in post judgement and has been since *
If the probate case is in post-judgment in Kansas:
- The court has likely made a decision on distribution.
- If you're unsatisfied or have concerns, consider filing an appeal or taking other legal action.
- Consult a local attorney for advice.
So if it's in post judgement and the executor still has to settle two timeshares to close and distribute the estate
In Kansas, if the probate case is in post-judgment and the executor has to settle two timeshares:
- The executor must complete their duties before the estate is closed.
- Beneficiaries can take legal action if the executor isn't performing their duties.
- Consult a local attorney for precise advice.
Will the beneficiary get post judgement interest for the five years and not have to pay attorney fees or executor fees because of the excessive delay?
In Kansas, the law on post-judgment interest and fees is complicated. Generally:
- Beneficiaries may be entitled to interest, but it's case-specific.
- Fees for executors/attorneys could be reduced if delay is unreasonable.
- Consult a local attorney for a detailed understanding.
It's been over five years and he delayed getting a lawyer to settle the timeshares.
If the executor has delayed settling the timeshares for over five years in Kansas:
- Beneficiaries can take legal action to request an accounting or distribution.
- The court could potentially reduce executor/attorney fees due to unreasonable delay.
- Consult a local attorney for precise advice.
He didn't get a timeshare lawyer until the fourth year.
If the executor delayed getting a timeshare lawyer until the fourth year in a probate case in Kansas:
- Beneficiaries can potentially take legal action against the executor.
- The court may reduce executor/attorney fees due to unreasonable delay.
- It's important to consult a local attorney for precise advice.
What is the post judgement interest in kansas?
In Kansas, the post-judgment interest rate is set annually by the state's Secretary of State following statutory guidelines. For specific rates, you should refer to the Secretary of State's website or consult a local attorney.