Thursday, 13 February 2014

My half brother and sister are co conservators for my late grand mother. How long do they have to distribute the funds as indicated on her w...

Question

My half brother and sister are co conservators for my late grand mother. How long do they have to distribute the funds as indicated on her will with no objections?



Answer

Sorry for your loss.

If they were conservators, then they need to close out the conservatorship proceeding and either transfer the assets to your grandmother's probate or complete a summary proceeding to distribute the assets per the Will. A probate can take on average anywhere between seven months to one year. If there is no probate, the time frame depends on if they still have to file something with the court or if they can use a small estate affidavit.



Answer

Yes, Ms. Rouse is correct. A conservatorship only lasts for as long as the conservatee (your grandmother) is alive. Once a conservatee passes and if the estate is valued at more than $100,000, a probate will need to be opened in the county superior court.

I suggest you call a local probate attorney to discuss your options.

Good luck and my condolences.



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