Legal Question in Wills and Trusts in New York

Re: Waiting too long?

My opinion is that an executor taking longer than 60 days to distribute after the attorney has given the 'ok' and all taxes have been taken care of, that executor could use a little 'prodding'.

You have the right to petition the court for distribution or a change of executor.

These things always take too long. Even simple estates seem to take forever. So far, the executor may not have been outrageously tardy, but the 60 day rule is a good tool to evaluate what is happening now.

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Re: Waiting too long?

There is no time limit.

You can file a petition to force the executor to account. If the delay was unwarranted the executor can be surcharged or have his fee reduced for failing to properly administer the estate.

Re: Waiting too long?

If all tax matters have been closed, all that should remain is an accounting (may be informal and not go through the Court) and some simple documents required by the Court to complete the probate maters (Refunding Bonds and Releases from all beneficiaries) and I use a Waiver and Consent Form (waives a formal judicial accounting and consents to all matters involving the estate). It should only be a few weeks after the tax matters have been finished to wrap things up. Where state and federal taxes were involved, 21 months is not long, as the staffing is minimal and delays are typically encountered.