What are a child’s rights to inherit?

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What are a child’s rights to inherit?

My mother died 2 years ago. Her son John was named executor in the Will but he declined. So her on Jim was named as second executor; he accepted. Mom specifically disinherited 3 of 4 surviving daughters. Jim went about the duties of executor updating only the siblings he wanted. My twin and myself (sons) were never contacted. The disposition of my mother’s belongings proceeded without our knowledge. Furthermore, 2 of the 3 sisters that were disinherited were allowed to take belongings. Do I have any recourse to recover these items, and/or sue the executor?

Asked on July 26, 2013 under Estate Planning, New Jersey

Answers:

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

Answered 8 years ago | Contributor

I am so sorry for your loss.  Please, please, please go and speak with an attorney as soon as you can here.  You can sue the Executor for a Breach of their fiduciary duties both to the estate and you as the beneficiary (beneficiaries) but there are time constraints to do so (known as a statute of limitations).  If the Executor posted a bond you are in better shape.  But of the estate has been discharged you may be in trouble.  Good luck.


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