My stepfather died and left me $5000 in his Will but my mother and uncle will not give me money, what can I do?

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My stepfather died and left me $5000 in his Will but my mother and uncle will not give me money, what can I do?

I am 33 years old. Is this theft? How can I get my money?  

Asked on July 13, 2010 under Estate Planning, Ohio

Answers:

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

Answered 13 years ago | Contributor

Who is the Executor of the Will?  He or she can not just "not give you the money."  It is against the law.  Do you have a copy of the Will?  Have you been served with a Waiver or Citation to appear in Court?  You can go down to the probate court in the county in which your stepfather resided (lived) at the time of his death and review the probate file.  It is public record.  See what the status of the matter is at this point.  See if you can speak with the Judge's Law Secretary as to what you can do to get your issue before the court.  You may have to hire an attorney to help.  Good luck.


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