Executor expiration?

[mhpros]

My husband was executor of his mother's estate; she died in Illinois in 1988. One item (a piece of jewelry) was never distributed because the heirs didn't agree on what to do with it. Does he still have the executor's authority to decide on the disposition of this item, which has been sitting in a safe deposit box (in Kentucky, where we live) for almost 10 years?

Also, he never took the fee he was entitled to. Can he do that now, from the proceeds of the sale of the jewelry? (He's not sure he wants to, he just wants to know if he's entitled to it if selling the piece turns out to be a big time-consuming hassle.)

 

[Michael Wechsler]

My husband was executor of his mother's estate; she died in Illinois in 1988. One item (a piece of jewelry) was never distributed because the heirs didn't agree on what to do with it. Does he still have the executor's authority to decide on the disposition of this item, which has been sitting in a safe deposit box (in Kentucky, where we live) for almost 10 years?

Also, he never took the fee he was entitled to. Can he do that now, from the proceeds of the sale of the jewelry? (He's not sure he wants to, he just wants to know if he's entitled to it if selling the piece turns out to be a big time-consuming hassle.)

Good question. I really don't know. But if there is no objection from any of the beneficiaries of the estate, then who would be objecting? Perhaps getting something in writing might make him more comfortable too, even though he would seem to be executor (this never changed) and it's questionable whether he "waived" fees... again, if there is nobody to object then there should be no issue.

 

[mhpros]

Thanks for the reply. The thing is, I'm worried that the heirs won't agree on what to do with the piece. (Whether to sell it at all, sell part of it, sell all of it now, sell all or part of it later.) At that point, they (one in particular) may question my husband's standing in making the decision.