Can co-beneficiaries refuse to payanother beneficiarytheir share of a jointly inherited property?

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Can co-beneficiaries refuse to payanother beneficiarytheir share of a jointly inherited property?

My brothers and I inherited a house from our dad. They want to keep their share and not pay me my share of 1/3 of the appraised value. They tell me that legally they do not have to pay me. Our aunt is the executor of the estate. Is this legal? What are my rights?

Asked on March 1, 2011 under Estate Planning, Montana

Answers:

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

Answered 10 years ago | Contributor

No, this is not legal.  If you were left an equal share of your Father's estate then you are entitled to inherit it.  If your Dad died without a Will then you would also have inherited a third as well.  Now, your Aunt is the fiduciary of the estate and she is the one that controls things, not your brothers.  So do not even take anything that they say as fact or law.  Contact your Aunt, who has an obligation to fulfill your Father's wishes, and ask what is going on.  If you are given the run around get a lawyer.  Do not back down and good luck to you. 


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