Can money be withheld by the executor of an estate?
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Can money be withheld by the executor of an estate?
My dad passed away and my brother is the executor of his estate and it
states in my dad’s Will that everything is to be split 4 ways. Well, my brother is refusing to give me my share of my dad’s life insurance but hasn’t held from my other 2 siblings. Is there anything that I can do?
Asked on October 31, 2018 under Estate Planning, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You can file a lawsuit against your brother as excutor and against your father's "estate." An executor is obligated to follow the terms of the will; he has no legal authority to disregard them. If he doesn't follow the will, you can bring a lawsuit for an "accounting"--to have the executor account for his performance under the will. A court can order him to do what the will says; to personally pay beneficiaries if his actions cost them money or assets to which they are entitled; and/or replace him as executor. Ideally, hire a probate lawyer to help you, but if you want to act as your own attorney ("pro se"), contact the clerk's office of the probate court for instructions.
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