What to do if my father died a year ago but my brother refuses to file the Will?

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What to do if my father died a year ago but my brother refuses to file the Will?

He is now living in my father’s house which is willed to the 2 of us. I have very little money.

Asked on April 28, 2015 under Estate Planning, Virginia

Answers:

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

Answered 6 years ago | Contributor

I am so sorry for your loss.  If the Will leaves everything to both of you same as it would be if thre were no Will, you can force your brother's hand by filing an Administration - a probate proceeding as if there were no Will - asking for you to be appointed as the fiduciary. Your borther would have to be given notice and then may fight you and come forward with the Will.  Either way it sounds as if you are going to want to sell the property and he may not.  You may have to bring an action for partition.  Good luck.


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