What do I do when a person doesn’t abide by a will

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What do I do when a person doesn’t abide by a will

My sister was suppose to sell my dads
house and split the money but she has
not done this what can I do?

Asked on July 11, 2016 under Estate Planning, West Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can bring a legal action in surrogate's or probate court to enforce the terms of the will--the will's terms are mandatory. If the court finds that your sister has violated the will, she can be forced to do what it says and to return any money she improperly took for herself or her family or friends. This kind of lawsuit is more complicated than, say, suing in small claims court; you are strongly advised to retain an attorney to help you, but if you cannot afford one or do not want to do so, you can get basic instructions from the court clerk.


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