Q: My dad died two years ago he had many guns he wanted them passed to his grandsons but never put it in his will.
The will state all assets are to be divided among all four daughters equally. My older sister is the executer and she has lied to the probate judge about his bank accounts and other things . Her son has all the guns I have tried to get my share and he won’t release them . He said he will to my son . A year later nothing . I’m pretty sure they have stolen some jewelry too. I have all the text about the guns . So what do I do to get my share ?
A: I am sorry for your predicament. The will should govern the distribution of the estate. If the executor is lying to the probate judge, and you want to do something about it, then you need to file a motion about the executor's improprieties.
If the will says divide 4 ways, then that is what the executor is under a legal obligation to do. Distributions should be made without delay. Keep in mind that the beneficiaries are the last to get theirs as legitimate creditors, costs of administration, and last illness and funeral expenses are paid first.
The executor gets to decide what "equally" means. If the executor values the guns at $250 and gives you $250 cash and the guns to another beneficiary, then that is a legitimate way of doing things. If the executor is dragging their feet you will need to get an attorney to file a motion for breach of fiduciary duty or request for accounting and distribution. These things can take time, so it is up to you to prove that the executor is isn't moving fast enough. But if the executor has given assets to a non-beneficiary then that is a serious breach of duty.
I hope this helps.
Mike Branum agrees with this answer
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