What if my siblings are not following my parent’s Will?

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What if my siblings are not following my parent’s Will?

I want to know if the executors of my parent’s Will are following what is written. Can I find out?

Asked on July 10, 2016 under Estate Planning, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you suspect that the executors are not following the will, you can file a legal action in surrogates or probate court seeking to require them to "account" for their actions and show that they are in compliance, taking reasonable steps to effectuate the will's instructions, etc. The downside to doing this is that not only will you have to foot your own legal costs, if it turns out that they *are* obeying the will, they can take their legal costs out of the estate, reducing what is available to the heirs. If you want to do this, ideally, retain an attorney to help you--this is not as straightforward a legal action as, say, suing in small claims court. If you cannot afford a lawyer or do not want to use one, you should be able to find basic instructions from the court clerk's office.


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