Q: My mom passed away nearly 3 years ago. How do I get my inheritance distributed to me, from her estate?
My sister is the Executrix, and we had a falling out. The house went into probate, and my sister bought the house. It is now in her name. How do I get half of the money, distributed to me for the house?
A:
Dear Yucca Valley:
If you mother's estate was handled though Probate, your sister should have either petitioned for distribution or filed a status report (and served you a copy) 18 months after her Letters Testamentary issued.
As an heir, you can bring a petition to compel your sister to close and distribute the estate. However, I would not advise to do this without counsel.
You sister purchased estate property and was the executor. As such, her purchase would have required court confirmation. (This is a special procedure where the court "approves" the sale, or if anyone objects, provide for an auction to allow over bids. It makes sure that the price received is fair.) If she failed to do so, there may be a claim for breach of fiduciary duty.
Also, if your sister delayed distribution for a number of years without an acceptable reason, this two may support a claim of breach of fiduciary duty. This means that your sister would need to pay for any damages caused, interest, and may be ordered to pay some or all of the cost of your bring the petition to compel. (Called a "surcharge"). Finally, the court may award punitive damages.
Given the delay, you should discuss the matter with an attorney who can tell you what your rights are and how to proceed. A good place to start is your local county bar association. Most provide a referral to an attorney in your area of need who provide a low or no cost consultation.
Best of luck.
Gerald Barry Dorfman agrees with this answer
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