How do my late mother’s heirs go about collecting her 1/4 of the rentals of the real estate owed by her brother?

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How do my late mother’s heirs go about collecting her 1/4 of the rentals of the real estate owed by her brother?

Since my mother passed 15 months ago, our uncle has refused to provide us with 1/4 of the monies collected on rental property owed us based on a written Will.

Asked on June 19, 2015 under Estate Planning, Wisconsin

Answers:

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

Answered 5 years ago | Contributor

I am so sorry for your loss and for the problems that have arisen since your Mother's passing.  The executor of the WIll nbeeds to bring an action against your Uncle for the rent and then needs to take control of the property and deposiut the rental income in the estate account until the property is transferred. If he is the Executor then he nis breaching his fiduciary duty (maybe) and then you should seek legal help to have him removed.  Good luck.


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