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re: Probate/Estate issue

Posted on 10/23/25 at 9:17 am to
Posted by LSUBanker
Gonzales, La
Member since Sep 2003
2653 posts
Posted on 10/23/25 at 9:17 am to
Death and money bring out the worst in people especially amongst so called loving family members. I've seen some terrible situations.

Hoping best results for you.
Posted by Monday
Prairieville
Member since Mar 2013
5138 posts
Posted on 10/23/25 at 9:20 am to
I say this to everyone who has elderly or sickly family members:

Get your estate issues ironed out sooner rather than later. I've seen family members who hate each other have an amicable resolution after a family death because there was nothing either party could legally do to screw each other over. On the other hand, I've seen an otherwise "great" family implode over unresolved estate issues.

My point is, get your people to get this process done and save yourself of the stress and everything else after the person is gone. My family has always maintained that we don't care what you do with your stuff and/or money, just have a plan.
Posted by forkedintheroad
Member since Feb 2025
1552 posts
Posted on 10/23/25 at 9:23 am to
quote:

 I don’t believe my uncle had a will.


You ain't getting shite my friend.

Spouse
Kids
Parents
Siblings
...
You getting nothing
Posted by Boudreauboudreaugoly
Land of the Rice n Son
Member since Oct 2017
2704 posts
Posted on 10/23/25 at 8:31 pm to
quote:

My question is does she have a certain period of time to distribute?


I had a similar situation recently. Executor was dragging her feet as far as getting the estate settle and all funds distributed. Same as with you. Executor would not answer questions about why she was dragging her feet in getting the estate settled. I was told by a lawyer that there was no time frame that was required of the executor to settle the estate.
Posted by KemoSabe65
70605
Member since Mar 2018
6420 posts
Posted on 10/23/25 at 8:37 pm to
Wrong! Death reveals what they always were.
Posted by SalE
At the beach
Member since Jan 2020
2938 posts
Posted on 10/23/25 at 9:05 pm to
Ask for a copy of the Will...also Letter of Testamentary ...if she does not produce...hire a lawyer and have him write a Demand Letter...she could be in breach of her fiduciary responsibilities..sue her and if improprities arise, file a criminal complaint. Relieved as Executor.

Posted by Macavity92
Member since Dec 2004
6328 posts
Posted on 10/23/25 at 9:47 pm to
This is the right answer. If she won’t communicate with you, get an attorney.
Posted by BeerMoney
Baton Rouge
Member since Jul 2012
8794 posts
Posted on 10/23/25 at 9:59 pm to
How old is your aunt? My dad died 8 months ago. Been a pain in the arse as part of my daily life and I’m in my 40’s. Im the executor, my family has been patient but I’m sure they wonder wtf so I do try to update them. The lawyer did tell me it could take as long as I needed. Probably won’t be done for like 6 months but I could just go at whatever pace based on his answers. It took my mom years to settle my grandparents. They were in their 70’s and just didn’t like dealing with it. Seemed like the avoided it. Louisiana fwiw.
Posted by geauxpurple
New Orleans
Member since Jul 2014
16606 posts
Posted on 10/23/25 at 10:06 pm to
The executor has a fiduciary duty to preserve the assets and distribute them according to the will.
There is no set time limit but if she is taking an unreasonably long time you can rule her in to court and the judge can set a time limit.
Same if she is doing something improper with the money. Rule her into court and get the judge involved.
Posted by Lou Loomis
A pond. Ponds good for you.
Member since Mar 2025
1218 posts
Posted on 10/24/25 at 1:27 am to
It boggles my mind how many people have to have their estate through probate when it’s so easily avoidable. The only good excuse is if someone dies suddenly. But if someone has assets, and is up in age, it’s easy to plan to avoid it and pass your assets without probate.
Posted by baldona
Florida
Member since Feb 2016
23424 posts
Posted on 10/24/25 at 8:08 am to
quote:

don’t believe my uncle had a will.


I’m not a lawyer but why do you think you deserve anything here? What do you expect to get here? Your aunt as a sister has more rights than you as a nephew usually.
Posted by BluegrassCardinal
Kentucky
Member since Nov 2022
1746 posts
Posted on 10/24/25 at 10:59 am to
Kentucky has intestate succession laws that apply when a family member passes without a last will. As I understand it, the assets are distributed to children, siblings. My uncle did not have children. My aunt is the lone sibling still alive. My brother and I are “in lieu of” my dad, who passed years ago.

I was just reviewing the paperwork from her attorney. The key asset is the home. We are entitled to a 1/4 of the home value, and my aunt is wanting to buy our share out.
Posted by BluegrassCardinal
Kentucky
Member since Nov 2022
1746 posts
Posted on 10/24/25 at 11:03 am to
She’s in her 60’s.

Part of the issue is her lack of communication and being sparse on details.
Posted by Lakeboy7
New Orleans
Member since Jul 2011
28310 posts
Posted on 10/24/25 at 11:05 am to
Pro tip: when executors go silent they stole a lot of money.
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