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sweetheart1982
Jul 15, 2008, 11:34 PM
My father left a will to be divided up equally between my brother and I at the closing of the will my brother who is executor of the will to set aside $10,000 for any expenses and to divide the remainder of it between him and myself, he refuses to do this what can I do? Do I have any right to this money?

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Fr_Chuck
Jul 16, 2008, 06:36 AM
It would be correct to live a sum of money set aside to pay any unknown expenses of the estate, He has to account for any use of this money. After a period, perhaps a year, this money would or should be divided. But if not, you can petition the probate court to order the money to be given out.

ScottGem
Jul 16, 2008, 06:38 AM
Did he give a reason for refusing? Maybe he feels its too soon and there may be expenses to the estate that he will have to account for. If he disburses the assets too soon, then he will have vioated his fiduciary ressponsibility as executor.

stinawords
Jul 16, 2008, 07:56 AM
He is right to set the money aside. In every estate that I have ever known of there were expenses that had to be paid. Therefore after a certain time has passed the remainder of the money will be divided between the two of you. In the states that I know of that time is 12 months but can be extended under certain circumstances.