Skip to main content

What kind of lawyer do I need to use when a "Will" was not followed by the Executor? What is the statue of limitations?

Spokane, WA |

When my father passed away he left a will and my brother is the executor. My brother gave me a copy of the will and it says the estate is to be split 50/50. My brother and I are the only next of kin. He did not file it into probate/will says he does not have to. He did not split the estate. He kept everything of my fathers. Even the proceeds of selling my father's home which had no mortgage. I have no documents to back up what my father owned just pictures and my brother has everything incl. all documents/personal items/stock info/checking acct info/ he sold what he didnt want. So how would I go about persuing this matter and is it possible? I have no contact with my brother. It has been 2 yrs but I have not money to hire an atty. Is it possible to do it on my own?

Attorney Answers 3


  1. Sounds like your brother stole from the estate and from you. You cannot possibly do this on your own, so you must retain an estates litigation attorney. You need to do this right away since the longer you wait the less chance you have to recover what is rightfully yours.


    Hope this helps.

    Please remember to designate a best answer to your question.

    Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website for more tax, estate and business articles is www.sjfpc.com. and

    LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is <http://frommtaxes.wordpress.com/> Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.


  2. There are several possibilities, based on your question. I can't tell without further checking what your rights might be. You should contact an attorney immediately. This is not the kind of thing you should try to do on your own.

    First, your brother would not normally be able to sell the house without probate if it was still in your dad's name. This suggests that your father may have transferred it to your brother prior to dying.

    Your attorney should be able to get the information about stocks, bonds and bank accounts after suit is filed. He will also be able to get information before filing suit about the way the home was sold.

    Your time left to do anythig is very short. Please get started by contacting an attorney right away.

    There is no attorney client relationship between the persons who asked and answered this question. You should always consult an attorney for specific legal advice.


  3. You should not be attempting to litigate this on your own. Please seek the advice of an attorney in your area. Many attorneys, including myself, offer free consultations.

Probate topics

Top tips from attorneys

What others are asking

Questions?
An attorney can help.

Post a question and get free legal advice from attorneys.

Ask a Lawyer

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics