Should I contact the court if I have not received my inheritance although I signed a form stating that I had?

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Should I contact the court if I have not received my inheritance although I signed a form stating that I had?

The sister is the PR of my father’s estate. My father died 3 years ago and the process has dragged on. My father left a home, $15,000 in cash, and some furniture. In three years, the cash was spent on taxes, insurance, and utility bills. The furniture was given away for free to non-beneficiaries. The house was finally sold at a loss of $40,000 seven weeks ago. The next day, my sister submitted her proposal for distribution with a form I signed stating I had received my share/wouldn’t sue her. I have yet to receive my share and emails to my sister have not received a response. What should I do?

Asked on November 2, 2011 under Estate Planning, South Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss and for the problems that have resulted.  I hate to dredge up more between you and your sister but I think that you may need to ask for an accounting of the estate proceeding and to bring that  - and the waiver that you signed - to an attorney to review on your behalf. From the way that you have described the finances involved I am not sure exactly what your share of the estate would have been.  Did the paperwork indicate a distribution amount?  Also, did your sister post a bond while actng on behalf of the estate? Find out.  You may need to end up suing her for a breach of her fiduciary duty. Good luck to you. 


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