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debmcd72 · Oct 31, 2009, 02:08 PM

My aunt passed away in January, 2009. Her attorney is the executor of the estate. He told the family that according to Virginia law, he has between 6 to 12 months to disperse payments. The six month anniversary of her death was July 27, 2009. My aunt was well-off; all of her bills were paid, her house sold within one month and closed back in March. There are no loose ends whatsoever. Accordingly, the family expected payment in July or August at the latest.

The problem is, there are a few of us in the family that are not doing well financially right now due to the current state of the economy and really need that money. I am one of them. We asked the lawyer how much longer it would be, and explained to him that our financial situation is dire. He said that he would not disperse the money until January 27, 2010- exactly one year after her death. Is there anything at all we can do to get our inheritance any faster? My hours have been cut in half at work due to low business and I've fallen behind on car payments. It drives me crazy knowing that I could lose my car when I've got $10-15K just waiting for me. Please advise - any help is greatly appreciated!

ballengerb1 · Oct 31, 2009, 02:11 PM

Has this gone through probate court and has it concluded? Probate can take a year by itself.

ScottGem · Oct 31, 2009, 02:43 PM

You need to go to the local probate court and inquire about the status of the estate. If the estate has cleared probate check if there is anything standing in the way of a full disbursement.

If you need to consult another attorney on whether the executor is within his rights to withhold distribution.

Probably he is getting a monthly fee and that's why he's not completing the estate. This, may then become an issue to take before the local bar association.

One other thing you can try is telling the attorney you aren't looking for full disbursement, just enough to tide you over until he's ready.

Or you can ask for an estimate of what your inheritance will be and then get a loan against it.

Fr_Chuck · Oct 31, 2009, 05:24 PM

Yes, first probate court can take a long time and having just had my mother pass, I can't even image how you could close an estate, even a small one within 6 months.

But you can require though the court an accounting for what is being done to the estate

debmcd72 · Nov 1, 2009, 12:42 PM

Thank you for your answers - I was not aware of probate court. However, I believe that he is getting paid monthly for his services.

I just found it odd that he said to a member of my family, "On January 27th, I will cut you a cashiers check." I remember thinking.. why that exact date? It's the last possible day that he can disperse the payments.

Thanks again for your help. If there's any "foul play" going on, I will keep you informed and ask for guidance.

s_cianci · Nov 1, 2009, 01:16 PM

He told the family that according to Virginia law, he has between 6 to 12 months to disperse payments.

If this is in fact an accurate statement then there's really nothing you can do but wait. The fact the he specifically told you that he would not disperse the money until Jan. 27, 2010 makes me think that he's keeping it in escrow until then and collecting the interest. If you doubt his motives and integrity then you can always get a second opinion from another Virginia probate lawyer.

JudyKayTee · Nov 2, 2009, 02:37 PM

In some States - and I'm not going to bother looking up Virginia law - you have to wait X months (usually 12) for all/any creditors to appear/file against the Estate. You may know very well that there aren't any but that doesn't change the waiting period.

My husband died in 2007 - his estate is not closed and he, likewise, had no debts. It's taken a very long time to do the various transfers. It sometimes happens.

I'd ask the Attorney for an explanation of the waiting period. In many States there can also be a partial distribution made "early" as long as whatever the Court considers to be sufficient assets are held in case a creditor appears.

The person who knows is the Attorney. You also will get an accounting from the Attorney when the Estate is closed. At that time you can see how the charges were billed and what they are for.