My siblings and I are named in a will for $40000 each, my step mom wont release will , can I sue?

My dad died in florida on jan 8, 2008. my siblings and I are named on the will and on a life insurance policy, we have a lawyer working on this, My question is can I sue my stepmother for not doing her job as executor? She has stalled and told 100 different things as to why this isnt resolved. Any answers are appreciated.

You should file a claim directly with the insurance company. Your lawyer can petition the court to force her to execute the will. Be careful, attorneys like to draw things out when there is money involved, and you might end up paying him all of your inheritance.

You can't necessarily sue her for moeny, but you can have your lawyer sue her for deliberately refusing to do her legal duty as executor. If your lawyer simply threatens her with a lawsuit if she doesn't release the will, she might be willing to give you a copy just to avoid the hassle.

However, if you do, the case will probably be handed over to a probate court, and the court will decide how to execute the will. This may take far longer than you would like. It's best to settle things out of court if you possibly can.

I would get a lawyer! At least go in for a consultation. Your question is scaring me, because I fear I am going to wind up in the same situation. My stepmother is not a nice person and my dad does not realize that. It is not even about the money for me (I wish he would leave it to a charity because she is already wealthy and he is not), but I am afraid she is going to have 100 different reasons, too.

Your dad named all of you so she has to abide by it. This happened to a friend of mine when her mom died-in her case it was an aunt who was the executor (long story). She had to get a lawyer and was able to get everything straightened out, even though it was really bad for a few months.

Good luck to you.

I am sorry for your loss. Just because the money is not coming when you think it should does not mean that you stepmother is not doing her job as the executor. It sometimes takes a while for the money to be released. You have a lawyer. Let him/her handle their business. If the lawyer feels you should sue then by all means do so. In the meantime, be patient. The money will come.

I think you have the right to sue - under tort by interference of the will by the executor, I think. But would it be ethical to sue an older widow who has lost her husband a few months ago, over some money possibly tied up insurance paperwork? Only you know.

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Let your lawyer handle this.

He'll likely have to drag the step-mother into Court.