Should I contact the court if I have not received my inheritance although I signed a form stating that I had?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 13 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.