Estate Law Questions? Ask an Estate Lawyer.
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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.
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