What do I do if the executor refuses to give me what was willed to me? How?

Executors have several responsibilities and notifying heirs is the first one. Since you didn't get notice, it seems more likely that he didn't file the probate and didn't get appointed as executor, instead he's simply stealing everything that he can get his hands on. I would advise you to speak with a probate lawyer in the area where your father lived.

An executor of a Will actually has very limited powers; it really is just a statement by the person who prepared the Will that they want that person to handle the estate, but in fact they can not sell or distribute the assets. The Will must be filed with the probate court in the state where the assets are located; any interested party, including potential heirs or creditors can file to open probate. The court then appoints an administrator of the Will to handle, with the court's approval [actually, the court goes along with what the administrator asks if there is no opposition filed], the payment of debts and distribution of assets. An executor who refused to give potential heirs a copy of the Will, distributed assets, did not open probate, etc., is unlikely to be appointed administrator if there is any opposition by a potential heir. Tell your brother if he does not shape up you will file for probate and get the court to order him to return all the assets and fine him for anything he did wrong. Read the Nolo Press books on estates and trusts that are written in easy to understand language and should be in your local public library.

A will is to be filed within 30 days of the date of death. As an interested person you can open a probate of the estate and seek to be appointed as representative. If there is a Will that would force your brother to file it and claim nomination as the representative. He would then have to explain why he did not file sooner. If no Will then the assets are distributed according to the statute on descent and distribution which states: if a living spouse and children then the spouse receives ? and the children receive equal shares of the remaining half, any descendants of a predeceased child receive the share the predeceased child would have received if alive; if no living spouse then the children equally divide the entire estate with the descendants of a predeceased child receiving the share the predeceased child would have received if alive. The representative has the right to collect the assets of the estate that existed on the date of death. The representative can also seek to collect assets that the deceased could claim if alive. Even if another sibling is appointed representative you would be able to require close judicial supervision of the estate and force the representative to collect and distribute assets.

You can get a copy of the will from the court where it was filed (The place of death.) You may need a lawyer in that state to enforce your rights.

You don't say how long ago your father passed away so I will assume it is fairly recently. If there is a will, it should be filed with the probate court in the county in which your father lived at the time of his death. The court will then issue Letters of Appointment to the designated executor which gives him or her the legal authority to settle the estate. Check with the probate court (often a division of the county court) to see what is filed. You can also file a request to receive notice when any action is taken or any report is filed regarding the estate.

You should should seek the services of a probate attorney who has litigation experience.

Nobody is "executor" (the current term is "personal representative") until they are appointed by the court. Once they are appointed by the court, the whole probate is public record, and the personal representative has to account to all the heirs and devisees and the court for everything that happens. Frequently, the named personal representative doesn't open probate, so none of this good stuff ever happens. You need to contact a lawyer in the state where you father died and start looking into what is happening.

I would suggest that you engage an attorney and provide details in order that some form of rational opinion can be reached. What your father said during your life, or last said to you, may not be relevant, the real question is his last will and testament or how his assets were titled at the moment of his death. Wills are not contractual, and can be changed at any time as long as the party who changes them has contractual ability and intent.

Your option would be to file suit. You can file to open the succession and probate the will, if the executor hasn't done so, or sue the executor and/or the estate if he's refusing to place you in possession of what you're entitled to.