What to do if my estranged younger brother was appointed Voluntary Administrator over our father’s small estate but he has failed to distribute my share?

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What to do if my estranged younger brother was appointed Voluntary Administrator over our father’s small estate but he has failed to distribute my share?

My father did not have a Will. What recourse do I have to collect my share of the estate?

Asked on January 21, 2015 under Estate Planning, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can bring a legal action in probate or surrogate's court against your younger brother as Administrator, to force him to distribute you share to you or, in the alternative, to pay you compensation for breach of his fiduciary duty equivalent to what your share would have been. Filing actions in probate or surrogate's court can be complicated--you are advised to retain an attorney. Therefore, before embarking on this path, make sure that the amount of money you think or hope you'll collect will justify the cost of an attorney and legal action.


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