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Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 55716
Experience:  29 years of experience practicing law, including tax and estate planning.
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It looks like our father's will leaves my brother and I some

Customer Question

It looks like our father's will leaves my brother and I some real estate, but my step mother has control of this portion of the estate. The rest of the estate is left to my stepmother. My stepmother's will leaves everything to her side of the family. Does my brother and I have any rights in this situation?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Richard replied 1 year ago.
Good morning Bob. My name is ***** ***** I look forward to helping you. You absolutely have rights. Yes, you absolutely have rights here. The estate and its assets are not your stepmother's personal piggy bank simply because she's the executor. The executor has a fiduciary duty to each beneficiary. Each beneficiary is entitled to have the executor timely file the will for probate...usually within 30 days of death..., to timely administer the estate specifically pursuant to the terms of the will, to have the executor provide a copy of the full inventory of assets and periodic accounting of every dime in and out of the estate. Unless there is a particular situation complicating the administration, the administration of an estate would not take over 1 year to administrate and usually only 6-9 months. If the executor fails to produce the inventory, periodic accounting, or fails to timely administer the estate specifically in accordance to the will, you can file a petition with the probate court to have her removed as the executor for breach of fiduciary duty. And, if an accounting, which the court will order if the executor has not provided one, shows there to be any misappropriation of estate assets or funds, you can also ask the court to award actual and punitive damages against the executor. In your situation, I would put her on written notice by certified letter of the foregoing and let her know if she does not satisfy his fiduciary duty to you as beneficiaries with respect to this real property in the administration of the estate, including keeping you informed of the progress, you will be filing the petition with the court to have her removed and the real estate be transferred to you and your brother. Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!