What are my options when my brother who is the executor of my moms will says I'm not getting any money for the sale of her home

Business 2 views 4 answers
10 years ago my mother passed away and in her will it states that her home and property was to be sold and all monies to be divided equally between her children. my brother is the executor of the will. it took until recently for the home to be sold. no clue how much it sold for, and the home was rented for the entire time since my moms death but I don't know what the rent was. he would never tell. now he says I'm not getting money. what are my options?

Attorney Answers

4
Drew Early ·
You start by seeking an accounting of the estate through the probate court that appointed him as executor. Get yourself an estate attorney that knows the ropes--this is not a do-it-yourself project.
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Loraine Disalvo ·
Mr. Early is exactly right: you need to seek an accounting as soon as possible. And you need to find an experienced probate attorney to help you with that.
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Sally D. BabbittProbate AttorneyLansing, MI ·
The executor has specific reporting duties and preparing a date of death inventory and periodic accountings. If you have not been receiving these, you should contact a probate lawyer in Georgia to explore your options.
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Robert Gardner ·
As the others have stated, you have a right to an accounting to see what has come in and what is going out. This will tell you whether there is money left to be distributed to heirs. Note that an executor cannot simply decide to cut you out, but there may be debts of the estate to pay which render the estate insolvent, meaning that no one gets anything after the debts are paid. Your brother also may think that he can offset what he should give you for some invalid reason, such as reimbursement to himself or for some perceived advance you may have received already. Having an experienced probate attorney to investigate these issues will give you the answers you need.
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