Are my brother and I are legally entitled to my late father’s share of an inheritance?

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Are my brother and I are legally entitled to my late father’s share of an inheritance?

My father passed away 9 years ago and was survived by his mother and 3 siblings. About 3 years ago his mother, my grandmother, passed. The Will states that everything should be divided among her 4 children. It will be 3 years next month and my family has still failed to execute the Will. If we are legal beneficiaries is there a legal route that I can take to force them to deal with the matter?

Asked on December 19, 2013 under Estate Planning, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Yes, you can file a legal action in surrogate's court to force the will to be honored. This is not a simple thing to do, and you and your brother are advised to consult with a trusts and estates attorney about how to protect your rights.


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