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Loren
Loren, Attorney
Category: Estate Law
Satisfied Customers: 29081
Experience:  30 years experience in the practice of estate law.
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My name is ***** *****. My parents left stocks equally to my

Customer Question

Hi. My name is ***** *****. My parents left stocks equally to my sister and I. I have now. They are in a safe deposit box in Florida where my sister lives. I live in Las Vegas. In order to do anything I must produce the stocks (which will then be held electronically). She is refusing to send them to me and won't answer the phone or return calls or emails. The stocks are in my name. Is there anything I can do to compel her to comply?
JA: Thanks. Can you give me any more details about your issue?
Customer: I am not sure what is helpful but here goes, My parents divided everything equally and named both of us Executrix. Ahough we all lived in Florida I was traveling extensively abroad with my husband at the time, so a lot of the details fell to her. There were some questionable things like a bank acctaccount set up for expenses, with about $8000.00 suddenly disappearing. I couldn't get a straight answer so I dropped it. After I got divorced she came to me with this story about how I needed to have her name on my stocks for my protection, eg. if I were in the hospital or something. Like an idiot I went along with it. Because of that I could never cash the dividend checks, but deposited them. In 2013 my bank would no longer let me deposit them. It was time to get her off as a Joint Tenant. Yes, that's what I said. Until then I had no idea what A HORRIBLE deal that was. At first she flat out refused, saying, "I will get it when you die". I finally got that accomplished but in order to have the acct in my name only and reissue the dividend checks in my name I have to produce the stock certificates that are not held electronically OR file an Affidavit of Loss and indemnity, which she would have to sign and have notorized. All she has to do is get then stocks and send them to me, but as I said she is not doing that nor communicating in any way. Is there anything I can do ?
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Submitted: 8 months ago.
Category: Estate Law
Expert:  Loren replied 8 months ago.
Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.
Expert:  Loren replied 8 months ago.
Are you online with me?
Expert:  Loren replied 8 months ago.
Do I understand correctly that you and your sister still co-own all of the stock in both of your names?
Expert:  Loren replied 8 months ago.
You can file suit in Florida for an order of "partition" in hich the court will split the shares and order your interest in the shares to be separated from your sister's. Hile more typically associated with real property ownership, partition is also available for co-owners of personal property, as well. In other words, the court will order the shares to be split in half and each half be separately titled. The court can also address other issues, such as damages for any loss in value due to any misconduct by your sister.
Expert:  Loren replied 8 months ago.
This is an equitable remedy and involves somewhat complex litigation. It is strongly recommended you retain Florida counsel (proper venue is where the personal property is being held).
Expert:  Loren replied 8 months ago.
If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys) . Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspxIt is a huge worldwide database searchable by location and specialty.  The attorneys are all peer rated.  So, they represent the top of the profession.
Expert:  Loren replied 8 months ago.
Also, the Florida Bar maintains an excellent online referral program:  https://www.floridabar.org/divpgm/lronline.nsf/wreferral6?OpenForm

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