What to do if I did not receive my fair share of my mother’s estate?

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What to do if I did not receive my fair share of my mother’s estate?

My mother passed away 2 months ago. My brother and sister live in the same state as my mom did; I live out of state. My brother sent me $3,000 total from the estate, however the estate hasn’t been settled. I just found out that she had a $30,000 IRA that was spent by my brother and sister and real estate property that has been taken by my brother. No Will was ever found but I know that she had one. It could have been destroyed by one of my siblings. I don’t know the attorney that she used for the Will and since I live so far away have been kept out of the loop and out of the money.

Asked on December 4, 2012 under Estate Planning, Massachusetts

Answers:

Victor Waid / Law Office of Victor Waid

Answered 9 years ago | Contributor

Obtain yourself litigation probate counsel in the county where your father died to have an investigator conduct an investigation to provide the attorney with information to file a petition into probate court to administer your fahter's estate, and have a private fiduciary appointed as the administrator to obtain your one third of the estate and to also determine if your mother had a will that provided for a different distribution. You need to act NOW to take care of this matter before the estate is wasted.


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