QUESTION

How to contest a will

Asked on Apr 28th, 2021 on Wills and Probate - Oklahoma
More details to this question:
My mother passed away and my brother was excitor of her will although he never had a reading of the will and is living in her home. Her will states upon her death her property is to be put up for sale and split between us kids .I have never received anything
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1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
Most states no longer have a reading of the Will.  Instead, when submitted to probate (proving that it is the Will of the person who died), the Will becomes a public document.  If the Will has been submitted to probate and your brother appointed executor, check to see how many months have passed.  After a certain amount of time, a benefiiciary can demand an accounting.  After a longer period of time, a beneficiary who has not received a distribution can ask the court to replace the executor.  If you become the new executor, it will be your legal duty to bring an action for wrongful detainer (eviction) and hire the sheriff to remove your brother and place his possessions on the curb and to sue your brother for past rent, wasting the estate's assets.  A less acrimonious, and less costly, approach would be to enter into a family settlement agreement and have your brother buy you out.
Answered on Apr 29th, 2021 at 5:33 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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