How can I get money that was left to me in a Will 12 years ago?

I was a minor when probate was settled. The Will stipulates receiving money at age 21. I am now 22 and my aunt, the executor, refuses to make payment and is refusing to communicate. Further complicated because the Will was written and completed probate in one state and I am in another.

Asked on September 18, 2012 under Estate Planning, Illinois


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to hire a probate attorney in the state where the will was probated to file a motion within the probate.  If your aunt refuses to fulfil her duties as the executor, then you can petition to have her removed as the executor and request a new one which will follow the provisions of the will and make the appropriate disbursements.  Depending on your aunt's other actions, you may have additional remedies including breach of fiduciary duty and conversion-- but the attorney in the state of the probate can give you a better idea of the specific options after getting more details on your case.

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