Hello and thank you for using our service. My name is XXXXX XXXXX I am a licensed attorney and will try my best to help you. I just ask for you to ask any additional questions you may have if you feel the question has not been answered. Also, IF I have bad news for you, please remember I am only the messenger, I will try my best to give you a solution, but sometimes the law does not have a good one.
Has anyone petitioned the probate court yet to probate his estate?
Do you have any proof of exactly what was in his estate and what has been taken?
Yes, I have an attorney starting the process for a Dependent Administration. By the time we arrived at the house it had been picked through. His truck and fire arms had been removed. When we arrived they were loading cars up advising it was just credit card statements. I snapped pictures of what I could while I was there. All his military stuff was supposedly divided up at the funeral between the sisters, girlfriend and half sister. My minor daughter was not even acknowledged as his daughter.
Ok, thanks. The estate belongs to his children if he was not married. The recourse is to have the court appoint an administrator of the estate. The administrator will provide an inventory of the estate to the court and ask the court to distribute the assets of the estate. At that point once you have a court order awarding those assets to his children you can present the order to the persons who took the property to turn it over. If they refuse they can be held in contempt of court and fined or jailed if they refuse to turn it over. You will need a court order for anything to happen at this point because without a will, no one has legal rights to anything until the court says so. I hope this helps clarify.
Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law or whether you dislike the answer) as that is the only way that I can get credit for my assistance to you. If you feel I have not earned a positive rating, please give me a chance to do so. Keep in mind even after you rate the service, I can still answer additional questions for you without additional charge. We are not paid a salary here and positive ratings encourage experts to answer future questions. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just make sure you type: To Georgetown Lawyer on the subject line. Thank you!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).