Estate Law Questions? Ask an Estate Lawyer.
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Does your father's will sate that the money from the duplexes is supposed to be split? If not, where is that written?
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.
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.
The judge should order the executor to comply with the terms of the will and pay you the money that you're due.
You would file wherever the will is being probated........
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.
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