What to do about getting my inheritance?

My father’s Will clearly said that everything should be divided equally between me and my brother. My brother was named executor and told me he is keeping everything. My father died in one state, my brother lives in another and I live in a third. Which state should the lawyer work in that I hire?

Asked on March 9, 2012 under Estate Planning, Massachusetts


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss and for the situation as it has unfolded.  Your brother will have to offer the Will for probate in the county in which your father resided at the time of his death.  So the state that you father lived in is where all the proceedings will take place.  You should speak with an attorney in that state and county. Now, you should get notice of your brother's intentions to offer the will for probate and to be appointed as executor, which is what starts the clock running to contest his appointment. Good luck. 

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