My deceased father had money in my sister’s home…name on title. She’s leasing it now..I’m getting that right?

UPDATED: Jun 15, 2009

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My deceased father had money in my sister’s home…name on title. She’s leasing it now..I’m getting 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


J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 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

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