What do I need to do if my mother, the executor of my father’s estate, did not distribute my rightful share of his assets to me?

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What do I need to do if my mother, the executor of my father’s estate, did not distribute my rightful share of his assets to me?

My father passed away almost 14 years ago. He and my mother had a survivorship Will so everything went to her. About 2 years later she had the Will probated. The final decree gives me half and her half. I was not aware the probate until last year. She was the executor of his estate and there is a court document she signed saying that she had done everyting an executor is suppose to do. However, she did not. Not only was I not even aware of the probate but I have never received half of any of his estate. From the research I have done this is considered embesslment on her part. Do I need to file a police report?

Asked on June 9, 2015 under Estate Planning, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The better course of action would be to file a legal action in chancery or surrogates court as an interested party (an heir) seeking to have an "accounting" done of your mother's performance as executor and alleging that she did not distribute your share of the asserts--this is much more likely to get you your share. You are advised to retain an attorney to help you do this; or if the share of the estate is not worth the cost of an attorney, then as a practical matter, it's probably not worth taking any action.


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