Do I have rights to my brothers estate

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Do I have rights to my brothers estate

My brother recently passed away. He
named a girlfriend as executor on his
will. Do I have rights to homes and
belongings that he took as his from our
deceased parents?

Asked on April 4, 2018 under Estate Planning, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You indicate that he has a will. If he has a will, the will determines who gets what: a person has the right to will his estate to whomever he wants, and a brother or other sibling has no inhertent right to inherit when there is a will. So you need to see what his will says to know if you inherit anything. Since as a sibling, you might inherit if there was no will, if you feel the girlfriend is lying about the existence or contents of the will, or is improperly taking property left by the will to you, you could bring a legal action (often called an action for an "accounting") in county court (typically in what's called the "chancery" division) to have the court determine the validity of the will and make sure the executor is following it. While you are allowed to file such an action on your own, without an attorney ("pro se"), it is much more complex than, say, suing in small claims court; you are advised to consult with a probate attorney.


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