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RayAnswers, Attorney
Category: Estate Law
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Experience:  Texas lawyer for 29 years in Estate law
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My retired husband died will no will during the time we werent

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My retired husband died will no will during the time we werent speaking this year and his family kept it secret. We were married in May 2005 at which time he was already retired, I however am much younger. No children together but he has 2 adult daughters from previous marriages, one of which filed his death certificate as divorced and made herself administrator of his estate. She paid for his funeral and then entered his 2002 range rover (that was under $40,000 and should've passed directly to me according to Ohio revised code 2106.08 & 4505.10) into the estate which was then tranfered to her to pay her back for the funeral fees. Had she not lied on his death certificate the truck wouldve gone to me as his surving spouse instead of to the estate and then to her & she wouldve had to make a claim against the estate which she entered nothing else in to. we didn't have a home together, we rented but she has already cleaned out his whole apartment and theres no inventory of it in proate records, just the title to the range rover she wanted along with the blue book value. on all the probate papers that say "Surviving spouse, children & next of kin she listed herself & didnt even name her younger sister. The waiver notice for spouse is blank. I cant get any info from his old employeer, banks or anything because the death cert says divorced, i just sent the affidavit in to have it changed becasue the funeral home wouldnt help me, they said i need a lawyer, they didnt want any involvement. My question is can i prosecute her for this and how do i get the truck back from her? Shes already been relieved as adminstrator and is done doing her dirt. He died Jan.2. 2013 and i found out via google in April 2013.
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

Thanks for your question and good afternoon.My symapthy here for your situation and dilemma.

You can contact law enforcement where the estate was filed and see if they will pursue her criminally.It is possible that there may be criminal fraud or other crimes involved in this matter.

You would have a civil suit here against both the estate and her personally for her actions /deceptions involved in all of this.You might be able to claim any bond here that was filed with the probate court.

You really should consider a local lawyer where the probate is located to pursue here in this matter.Certainly you can seek damages for the misrepresentations involved including lawyer fees and costs.The lawyer would start with a demand letter here against the estate adn the administrator.Your lawyer may try to resolve this first for your damages in all of this and file suit if no resolution.

You may very well be able to locate a local lawyer that would take this contingent fee--where you do not pay until there is recovery made.This is possible here because there appear to be assets that maybe recovered.I would certainly try this to see if you can get one to pursue this on a contingency fee basis.If there was a bond filed that would be another pocket to pursue as well.

You can locate a lawyer here ..

http://apps.americanbar.org/legalservices/lris/directory/main.cfm?id=OH

 

Here is an example of a law firm that takes these cases contingent fee..

 

http://www.zigraylaw.com/Practice-Areas/

You may well have both criminal and civil actions that you may pursue here.Certainly you should try to involve the local law enforcement to see if they will not make a case against her.This might in turn help a civil case.


It has been my pleasure to assist you today.I am so sorry that you have been mistreated this way.I hope that you do pursue this criminally and civilly as well.I wish you the best.

Customer: replied 1 year ago.


so i cant just have the estate re-opened as his wife, and have her return everthing and start all over? if i've proven i'm his wife why cant proabate just overturn what they've done. I should'nt be in probate period, im the wife of a man with no will, her lies are the reason it went to probate, i wouldnt have needed probate to give me the car. can i sue her for more damages for having to go through all this or would it not be worth it? its bad enough they say i cant get any of his pension or anything else because we married after he retired. she legally stole everthing that i was entitiled to which was nothing except whats in his apartment, his car and bank accounts which i cant touch because of the death certificate. would the civil damages be worth suing her or should i just give up

Expert:  RayAnswers replied 1 year ago.
You can reopen the estate here, have yourself appointed administrator and sue or threaten to sue her.Assuming the vehicle here hasn't been sold you can force return of these items or sue for their value.If there was or is a bond on file you can seek to recover it.I wouldn't give up.I would see if you can locate a lawyer here using lawyer referral to take it contingent fee and also see if law enforcement will get after her.

I wish you the best getting what you were do.Thanks for letting me help you today and your patience.
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 30147
Experience: Texas lawyer for 29 years in Estate law
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