Are my brother and I are legally entitled to my late father’s share of an inheritance?

UPDATED: Dec 19, 2013

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Are my brother and I are legally entitled to my late father’s share of an inheritance?

My father passed away 9 years ago and was survived by his mother and 3 siblings. About 3 years ago his mother, my grandmother, passed. The Will states that everything should be divided among her 4 children. It will be 3 years next month and my family has still failed to execute the Will. If we are legal beneficiaries is there a legal route that I can take to force them to deal with the matter?

Asked on December 19, 2013 under Estate Planning, Alabama


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, you can file a legal action in surrogate's court to force the will to be honored. This is not a simple thing to do, and you and your brother are advised to consult with a trusts and estates attorney about how to protect your rights.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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