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Nate, Attorney
Category: Estate Law
Satisfied Customers: 10685
Experience:  Over 10 years of legal estate experience.
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My father passed away about a year ago. I am in his will,but

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My father passed away about a year ago. I am in his will,but my brother refuses to even acknowledge that he has to do anything to close out his estate. How can I find the attorney in winsconsin that drafted my fathers power of attorney and his will? My brother has no intention of giving anyone anything. His attorney has not received a death certificate and has no knowledge of his death
My name isXXXXX have been a licensed attorney for over ten years and will be assisting you today.

If your brother won't act to open the estate, you can do so without the will. If the will still exists and your brother has it, the court will make him submit it to be probated. If it appears that he will not act as the executor and discharge those duties, the court can appoint you to do it instead.

As far as finding the lawyer, that would be impossible without the documents that would likely have his name and contact information on them, as there is no central collection of information regarding attorneys and wills and powers of attorney they drafted. But, you don't need it right now to open the estate. As an heir, you can do that on your own, will or not.

Even if there is no will, you would be entitled to half of your father's estate under state rules.

If you have more questions please feel free to ask. I'll be happy to answer them. If you do not, please do remember to rate my service in assistance to you today.


Customer: replied 3 years ago.

Who do I contact to start this process? An attorney in FL, where I live or in Virginia beach where he died?

The probate would have to be opened in the county where he died. We cannot recommend specific lawyers on this site, but I can direct you to the Virginia Beach Bar Association who can provide you with some referrals. Their number is(NNN) NNN-NNNN and more information can be found on their website here

Specifically you will be wanting to speak to a probate attorney.

Customer: replied 3 years ago.

Because I am going to have to hire an attorney to get this started, Will I be able to recover this cost from estate?

Yes, the estate would be responsible for its administration, which would include hiring the attorney.
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