Loehmanns Plaza, NY Estate Planning Law Firms & Lawyers

It depends. If your father and uncle were listed as joint tenants, there isn't much you can do, since it went to your uncle. If they were tenants in common, you probably need to start a quiet title action since it is too late to probate your father's estate.

Executors have the responsibility of protecting and properly distributing the estate of the deceased. As a beneficiary, you have the right to see the testamentary documents that include you. Demand a copy of the will, trust, and any other gifting documents. If the Executor refuses, tell them you can sue and get them without much difficulty. Executors also have the responsibility to prepare an accounting of the estate, so if he has been making equal distributions, he should be able to show what the entire estate included. Finally, if you doubt the Executor's statements and actions, you may have to sue to find out the truth. Unfortunately, this can be very stressful and expensive, so you may not want to start any action until you are sure there is a problem. Locking the house is not automatically a breach of an Executor's duties. Timing is important. It is best to demand that all beneficiaries be allowed to review the contents of the home prior to the executor's "Sweep" of the house removing valuables. It sounds like you are too late to do that. You can still demand that he escort you around the home to see what is still there. Sometimes simply retaining an attorney who will write a letter to the executor demanding an accounting and threatening suit if he fails to disclose the contents of the estate will be enough to keep things in order. Please note: Prescription medications should be destroyed, not passed on to heirs for non prescription use. This is both the law and common sense. There is no known right to inheritance of prescription medications.

Nothing can make you sign any document with respect to the the house. Depending on the terms of your mother's will, however, you may end up owning that house with your brother in some fashion. If your mother had no will, then the house likely passes to you and your brother, with the same result. You thus may need to resolve this with your brother in some fashion. The only this may not happen is if your mother's will says that either you or your brother do not receive an interest in the house in question.