How can I go about getting something that was willed to me?

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How can I go about getting something that was willed to me?

My mom passed away 20 months ago, she left to me a original shaker chair, my sister whom is the executor refused to give it to me, my mothers attorney claims maybe the chair does not exist any longer and is of no help.

Asked on September 1, 2011 under Estate Planning, Massachusetts

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your loss and for the ensuing problems.   What the attorney means is that if the chair no longer exists then unfortunately you are out of luck.  But it sounds to me like you know it exists - as does the executrix - and that she is not properly fulfilling her duties to the decedent (your Mother) by distributing the asset to the beneficiary.  And the attorney for the estate (who also represents the executrix) should really mind his own business unless he knows for sure.  Now, if you know that the chair exists you need to force her hand. You need to file something in the probate court regarding the matter.  Generally when an accounting of the estate is done the issue will be addressed.  But your best bet is to speak with an attorney in your area on procedures in this matter.  Good luck.  


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