What happens when a probate has been closed but a beneficiary has not received their portion of the estate?

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What happens when a probate has been closed but a beneficiary has not received their portion of the estate?

The executor of the estate has not paid out the money that is owed to me.

Asked on November 9, 2013 under Estate Planning, Washington

Answers:

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

Answered 7 years ago | Contributor

I am so sorry for your loss.  A little more information is needed here in order to guide you.  Why were the funds you inherited not disbursed to you? The failure of an Executor to follow the terms of the Will or the failure of the Administrator to disburse funds pursuant to the intestacy statute is a breach of fiduciary duty.  You really should speak with an attorney about making a motion to re open the estate or to sue the executor for breach of fiduciary duty.  Good luck.


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