What can I do if my father died 9 months ago but my brothers have wiped out the estate giving me nothing?

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What can I do if my father died 9 months ago but my brothers have wiped out the estate giving me nothing?

He has 4 surviving sons; 2 of the sons have sold some property and retained some property. How can I force them to divide the money’s equally? Also, they cleared out his checking and savings accounts.

Asked on June 7, 2015 under Estate Planning, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can sue your brothers: unless there was a will leaving them, and only them, the property, they had no right to do this and what they did could even be considered theft. You would file an action in chancery or surrogates court (retain an attorney to help you) seeking a court order directin them to return any taken property (or provide its equivalent value, if sold).


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