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Roger
Roger, Attorney
Category: Estate Law
Satisfied Customers: 31379
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My sister is the executor of my father's estate, he left us

Customer Question

My sister is the executor of my father's estate , he left us a set of duplexes that are rented out .we are each supposed to get half of the income each month. For the last 5 months my sister has been keeping my money. Is there anything I can do?
Submitted: 6 months ago.
Category: Estate Law
Expert:  Roger replied 6 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

Expert:  Roger replied 6 months ago.

Does your father's will sate that the money from the duplexes is supposed to be split? If not, where is that written?

Customer: replied 6 months ago.
Expert:  Roger replied 6 months ago.

Ok. Thanks.

If the will requires this, and the executor is not fulfilling the requirement, that is likely a breach of her fiduciary duty to you as a beneficiary of the estate, and a breach of fiduciary duty to the estate as well.

Expert:  Roger replied 6 months ago.

The simplest thing you can do is file a motion to compel the executor to follow the requirements of the will and to pay the money over to you per the terms of the will.

Expert:  Roger replied 6 months ago.

The judge should order the executor to comply with the terms of the will and pay you the money that you're due.

Customer: replied 6 months ago.
The rentals are in Texas but we live in California, do I file here or in texas
Expert:  Roger replied 6 months ago.

You would file wherever the will is being probated........

Expert:  Roger replied 6 months ago.

If the will is not currently being probated through court, you will need to file to have the will admitted to probate in the county of your father's residence at the time of his death. Once that is done, you can file your motion for all sums due under the provision of this will.

Expert:  Roger replied 6 months ago.

Thanks for your question and please let know if you need anything further. Thanks again!

Expert:  Roger replied 6 months ago.

If you don't need anything further, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!