My father passed away in New Jersey 5 months ago. I was named in the will along with my brother, sister and nephew. My brother is the executor of the will, but I have not spoken to him in 20 years. All beneficiaries of the will have received their inheritance except for me. I did receive a copy of the will, but all other emails to my brother have gone unanswered. When is it appropriate to take legal action, and where would I begin?
3 Answers from Attorneys
Have an attorney contact your brother to see why you have been excluded and you did not receive anything. If he has distributed the estate to everyone but you, he should be contacted and told that unless he honors the terms of the Will, he will be sued and become responsible for everything, including any fees and costs you incur. Contact me directly if you need assistance.
Call me and I will assist. You should get an answer to your question, why did you get nothing and what happened.
Robert Davies, Attorney
201 820 3460
Sometimes an estate takes a while to wrap up. If your father owned real estate, I doubt the administration is complete. Nevertheless, your brother should respond to you and provide you with an accounting, even if it is an informal one. As Mr. LeVine stated, the next steps include a letter from an attorney requesting what is going on, followed by a demand for an accounting. After that, you will need to decide if you want to sue to have him removed as executor for breach of fiduciary duty if he does not comply.
Kevin A. Pollock, J.D., LL.M.
P: (609) 818-1555
Licensed to practice law in Florida, New Jersey, New York and Pennsylvania.
Also, visit my blogs at:
The foregoing is offered for informational purposes only and is not legal advice nor does it create an attorney-client relationship. To indicate that you have read the answer it would be appreciated if you would check either the thumbs up or thumbs down box below. Circular 230 Disclosure: Any federal tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.