Comments invited.
BTW, she is the "secondary executor" or whatever it's called in case something happens to the executor.
/johnny
If the primary executor turns up missing your friends problem disappears (just sayin).
Everything may be in the up and up but vagueness on the part of the executor is not a good sign.
Do NOT wait a year.
Yep. Find a good estate lawyer who has had courtroom experience.
Tell her to go to the courthouse and ask to see the probate file, then read the trust language in the will. Or maybe it’s a living trust if there was estate planning.
If she’s a spendthrift or incompetent she may have to wait a while.
To find out what she wants to know isn’t that difficult. All she has to do is read what her auntie/grannie had the lawyer draft: the trust language. If the trustee isn’t doing her job, then go see a lawyer. Chances are good his/her fees are paid by the estate.
Friend needs to talk with a probate attorney. Wills, trusts, inheritance laws are state specific.
No idea what state you are in, but around here most trusts are settled in 6 months or less. Wills in 12-18 months. Hence trusts more efficient, and co$t less in taxes. But most don’t have trusts unless estate is $300K or higher.
Some say get an attorney. I say, your friend should have had one already if there is no communication from executor.
Your friend should have received something in writing from the executor regarding her inheritance. She can go to the county where the relative’s will was filed and ask to get a copy of it. Then take that will to an estate planning attorney to review the trust terms. It is possible that there were not enough assets in the estate to fund the trust or perhaps the assets have not been liquidated yet. Either way, an estate planning attorney can tell her the straight story.
These sites are a great start in your quest for information.
http://www.estatesettler.com/What_are_executor_responsibilities_-4489.html
http://www.executorsresource.com/docs/RoleofanExecutorERWebsite.pdf
For instance one of my executors was a family CPA along with my daughter...The CPA could take a larger stipend because of her education and experience...but all stipends must be reasonable...
Like she could not claim 1/2 for her work...maybe she doesn't even know she can do this....I wouldn't be the one to tell her, its up to her to know what she can and cannot do....don't know if this helps at all...GG
It also depends on how much is in the trust, a small one or a large trust...
Does your friend have a copy of the trust? (Assume yes since she is the secondary executor). A decent lawyer should be able to explain what is going on.