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J. Warren
J. Warren, Attorney
Category: Estate Law
Satisfied Customers: 1129
Experience:  Experience in estate planning including wills, trusts and succession planning.
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NEED TO GET POSSESION OF MY PROPERTY

Resolved Question:

URGENT ! I LIVE IN CT. MY DAD XXXXXX XXXXXXX XXXXXXXXX, PASSED IN HOSPICE IN DADE CITY PASCO COUNTY FL. MY SISTER & BROTHER TOOK CARE OF HIM. MY DAD HAD MY CONTAINER OF MY MOTHERS ASHES WHICH HE GAVE ME WHEN SHE PASSED IN 1993 & I LET HIM HOLD ON TO THEM BECAUSE IT GAVE HIM COMFORT. WE AGREED IT WOULD BE RETURNED TO ME WHEN HE PASSED WITH SOME OF HIS ASHES MIXED WITH MY MOM'S. MY SISTER ASLO AGREED TO THAT BUT NOW THAT HE PASSED 4/27/13 SHE IS REFUSING TO RETURN MY MOTHER'S ASHES TO ME & WON'T GIVE ME ANY OF MY DAD'S EITHER. SHE IS GOING TO BURY BOTH ASHES & WON'T GIVE ME ANY INFO ON WHERE OR WHEN HE IS/WAS CREMATED OR WHERE THE ASHES WILL BE BURIED. MY MOM'S ASHES HAVE BEEN MY PROPERTY SINCE '93 & THEY HAVE NO RIGHT TO BURY THEM. IS THERE ANY WAY I CAN STOP THIS FROM HAPPENING. I DON'T KNOW WHO IS IN CHARGE OF ANYTHING. THANK YOU, XXXXX XXXXX XXXXXXXXXXXXXX

Submitted: 1 year ago.
Category: Estate Law
Expert:  J. Warren replied 1 year ago.

Hello and Welcome! Thank you for allowing me to be of service to you. Please note: (1) this is general information only, not legal advice; and (2) I will provide you with honest information and not necessarily to tell you might be hoping to hear.

I am very saddened and sorry to hear about your situation. I am sorry that the only way to prevent your sister from doing this is to bring an action against her seeking a court order to stop her and to return your property. You should have legal representation to assist you with this type of lawsuit.

I am sure you have tried talking to other relatives to help talk some sense into her, but if you have not while not a legal solution may be beneficial for you.

It is unlikely that legal aid will assist with this matter but you may seek the assistance of a local attorney in the county is which she resides. While you could bring an action against her in your home state, it is likely more efficient to bring an action to stop her in the county in which she lives. Here is a link to the Florida State Bar Lawyer Referral Service that can provide a contact name of lawyers that may be willing to assist at a reduced cost: www.floridabar.org/divpgm/lronline.nsf/wreferral6?openform

I apologize that this was probably not the answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information.

All my best & encouragement.

Please note that you are asked to rate my courtesy and professionalism, and not whether the answer supports your legal position. I only receive credit when rated 3 or higher. If for any reason you feel that a low rating is appropriate, please first give me the opportunity to address your concerns by clicking the "reply" tab.

All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.

 

Customer: replied 1 year ago.


Thank You,


 


I have already tried the Fl state bar referral & got no answer.


how do I find out who did my dad's will if there is even one & who is handling the estate? I am leaving for FL Monday to go on my 1st vacation ever & was supposed to see my dad, but now that he has died my sister said if I stepped foot on her property she would have me arrested.


is there any type of proof I can bring with me to show that my mom's ashes are actually mine?

Expert:  J. Warren replied 1 year ago.
Unfortunately Wills are not made a matter of public record until after death occurs. However, a person who is in possession of the Will is supposed to deposit it with the county clerk. This would be in the county in which the decedent lived or where the decedent had real property. The reality is that most people do not deposit the Will until a probate is opened. So if it was deposited it is public record or once a probate is opened.

If probate has not been opened it is going to be difficult for you to discover where the Will is unless some friend or relative of your father can give names of lawyers that he spoke to in the past.

You may also check with the local funeral homes to see if they have a schedule of when his funeral is going to be held.

If you have some form of written proof that the ashes are yours that would be best. Such as provided for in your Mother's will or a letter from a parent stating the ashes should remain in your possession.

My condolences on the loss of your father and I am truly sorry you are dealing with this situation on top of grieving your loss. I only hope that your sister comes around after she has had a day or two to grieve to return the ashes and to be more receptacle of your presence.

All my best & encouragement.

Please note that you are asked to rate my courtesy and professionalism, and not whether the answer supports your legal position. I only receive credit when rated 3 or higher. If for any reason you feel that a low rating is appropriate, please first give me the opportunity to address your concerns by clicking the "reply" tab.

All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.
J. Warren, Attorney
Category: Estate Law
Satisfied Customers: 1129
Experience: Experience in estate planning including wills, trusts and succession planning.
J. Warren and 3 other Estate Law Specialists are ready to help you

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