Can my brother legally withold my inheritance?
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Can my brother legally withold my inheritance?
My mother passed away in 2011. She had a life insurance policy on her and in her
Will it said that I was to get 20% of the remaining funds after bills were paid, etc. Other family has gotten their inheritance but my brother refuses to give my sister and I our 20% because he
Asked on December 14, 2016 under Estate Planning, Oregon
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Sue him: you *must* get your share of what the will gives you (assuming, as I am, that the will was valid). If your brother (who I am assuming is the executor, if he is exercising power over your mother's estate) refuses to do what the will says, you can bring a legal action to force him to do so. Contact the clerk's office of the surrogate's or probate court for instructions and possibly sample forms or, better yet, consult with a probate attorney about doing this. Good luck.
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