Can my brother who is executor of our mother’s estate get away with claiming to be the sole heir?
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Can my brother who is executor of our mother’s estate get away with claiming to be the sole heir?
Our mother’s Will states that he has the sole right to sell her property but also states that we are equal heirs to the estate. My brother says this means that he is the sole heir to her estate. What are my rights? Aren’t I still entitled to half of the estate and proceeds from whatever he does?
Asked on February 25, 2012 under Estate Planning, New Jersey
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Oh my goodness. I am so sorry for your loss and for the problems that have come up. No, he is not the sole heir from what you have stated here. He has mis understood the wording here. I am assuming that he has yet to offer the Will for probate or to be appointed as the executor. You should be notified when that happens but I think that you need to be forearmed and have an attorney of your own to challenge his appointment and become co-executors or executor yourself. You seem to have equal rights but your attorney needs to read the Will. Good luck.
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