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I won't want to lose dad's house, how can I get my brother to comply?

A fellow caregiver asked...

My father made a will before he died. now that my parents have both passed Mother just recently. Dad shared the will location with me and my brother, he is the executor. I have requested this will for over 4 months now and he is not sending me my copy. he won't give me the name of the attorney. My parents home Had back taxes that did not get paid and he would have let it go. He also put his children in the house without asking me. I paid some of the back taxes but there are more I didn't want to loose it. what to do?

Expert Answer

Judy and Fred co-mediate family property and financial conflicts, and each work individually as mediators as well. Judy Barber, a mediator and family business consultant, assists clients in resolving overlapping family and money conflicts so they are better able to make sound estate planning decisions. Frederick Hertz is an attorney and mediator who specializes in resolving co-ownership matters involving families, siblings, spouses, cohabitants and domestic partners.

This situation requires that you hire a local attorney to advise and represent you. In most states the executor has a legal duty to post the will with the court and provide you with a copy -- and there are penalties imposed on the executor if he fails to do so. You also may wish to make a claim against the estate for the sums you have contributed to the taxes. Again, these are issues you should discuss with the attorney you hire. We always recommend that you start with discussing the issues with your brother directly, but if that is not working you may need to commence a legal action to get his attention, and his compliance with his legal obligations.