My deceased father had money in my sister’s home…name on title. She’s leasing it now..I’m getting nothing..is that right?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
My deceased father had money in my sister’s home…name on title. She’s leasing it now..I’m getting nothing..is that right?
My father invested 100K in cash in her house and he’s on the title. His will states all children are beneficiaries per stirpes. She’s the executrix and is now living somewhere else and leasing the house to someone else. My brotheer and I aren’t getting any of the lease money, neither is his estate, to my knowledge. How can this be…
Asked on June 15, 2009 under Estate Planning, Tennessee
Answers:
J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
if your sister is not properly allocating the funds of your fathers Will than what you will want to do is contact a local attorney who handles probate. They will have to make a motion which would be in essence you and your brothers contesting the will as it is.
I am assuming the will has already been through probate if not than simply contest this during that proceeding but if it is already past that point you will need to make a motion to contest this and how your sister is acting as executor. You may also want to simply address he first, explain your options and possibly even have your attorney contact her and explain what the options are (i.e. equal distribution or a possible lawsuit) Hopefully she will than simply start distributing the income evenly
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 AttorneyPages.com 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.