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

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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