Legal Question in Wills and Trusts in Florida

Estate Closing

My friend's father passed on in 1998, leaving an estate in excess of 2M. To this date the estate has not been closed. Do estate closings typically take this long. The executor, my friend's brother is telling him nothing. The will has been probated and cash gifts distributed, but there has been no final accounting. He's not even sure if the taxes have been paid. The remainder was to go into a revocable trust. My friend is reluctant to sue a family member, but he is very suspicious. What should I tell him?

Thanks


Asked on 5/18/04, 2:14 pm

2 Answers from Attorneys
Jay Pollak The Pollak Law Firm, LLC

Re: Estate Closing

If this is in Illinois he is probably going to need a lawyer on this one. He can go to court and request that a current accounting be filed by the executor. If they refuse to comply he can file a citation to discover assets which is another way of getting the executor to respond. The simple threat of action by your friend should get the wheels in motion for him to get information.

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Answered on 5/18/04, 2:19 pm
Marie-Anne Oatley

Re: Estate Closing

He can petition the court to require a final accouting of the PR. Once that is in and there are no objections, administration should be closed shortly thereafter.

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Answered on 5/18/04, 2:24 pm


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