Do Estate Settlements take forever?/

[inthis4des99]

My Big Brother passed away in Jan of 2004. We still have not settled the estate it seems that the executor is stalling or just a procrastinator. The only thing as we know now holding up the estate is the sell of a boat which is now costing monthly storage fees as well as becoming in need of repairs from sitting so long in the weather it is a very costly boat w/ trailer but it has come to seem like there is no movement on getting it sold ie... classified ads, ebay, etc... When we contact the executor it takes at time weeks for him to reply and when he does it seems we have bothered him. My two questions are and if anyone can help me or direct me what to do or where to go my father and I will be greatly indebted.

We would like to know how to find out what if any process the executor is doing to sell the boat we would just like to sell it as is and not spend the thousands it will take to bring it back up to shape. It has become time to bring closure and if a boat is the only thing holding it up we would like to see it just go.

Secondly, is there a way that we can view all the items that were brought into the estate records..ie..all household belongings, assets, any and all things that were sold and for how much..I suppose just a total record of everything that is calculated into the estate funds. How do you get records to ensure that all of the items are accounted for?

Please help we are at our wits end and are receiving no help from the executor....

Thanks in advance for your efforts to assist us..

[themas]

I don't know whether you have a right to be given details of the value of individual items in the estate, but a reasonable executor would let you have them if you asked.

Do you know whether probate has yet been granted? If not, you can check with the York Probate Registry - 01904 666777. It may be that they can answer some of your other queries as well. If probat has been granted you should be able to get the total value of the estate from the Registry.

Is the executor a solicitor? If so, you can make a formal complaint to the firm and then to the solicitors complaint service if necessary - see Law Society web site for the procedure.

It is generally difficult to challenge what an executor is doing, but they should usually have got further advanced in over 12 months than seems to be the case here. There is a legal procedure under which you could get the executor effectively ordered - by the Court - to get on with it (or could apply to become executor in his/her place) but you would have to engage (and pay for) your own solicitor to do this.