How do I get what is owed to me from a will?

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How do I get what is owed to me from a will?

My father died and left a will and my brother is the executor of it. All the
money and property has been released but my brother lives in my dad’s house and
he is refusing to give me my half of what the house is worth. I’m ok with him
buying me out on the house but he won’t do anything to proceed. The house is
full of belongings and there is a car involved.

Asked on May 30, 2019 under Estate Planning, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You can bring a legal action traditionally called an action traditionally called (though your state may have a different name for it) "for an accounting" against your brother as the executor. The court can make him "account for" his actions as executor: that he is following the terms of the will; that he is being loyal to the interests of the beneficiary; that he is not taking advantage for his own benefit; etc. If the court finds that he is acting improperly, it can order him to do certain things (e.g. sell the house or buy you out) or replace him as excutor. 
This kind of action can be procedurally complex for a nonlawyer: you should consult with an attorney about this.


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