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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 91822
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My widowed father died without a will. He lived with my sister,

Customer Question

My widowed father died without a will. He lived with my sister, who had cut off all communication with me many years ago. We have a brother, with whom she communicates, however he has been estranged from me for the majority of my adult life.

Shortly after my father's funeral I received a letter from my brother's lawyer requesting a meeting regarding my father's estate. (Due to the lack of communication, I did not even know he had any assets.) I understand that someone has to be chosen to be in charge of distributing the estate equally. I am assuming that either my brother or my sister would like to be in charge, which would be okay, however, in light of the lack of communication, how would I be kept informed of exactly what is happening, and how would I know that the process is being handled correctly?

Also, is there a reason why I would be required to attend such a meeting or is there another way that I can give my input?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The person administering the estate has to provide full disclosure of the estate to all heirs, which is likely the reason for this meeting. Without a will, the three of you would be sharing his estate in equal parts, so at the meeting the attorney should be providing you with an accounting of the estate so that you would know what is going on and how much is in the estate along with the debts of the estate that have to be paid and what property would have to be sold or distributed to the heirs.

You would be required to attend the meeting for the attorney chosen to represent the estate to explain the process he will go through and to determine if there are preferences about an administrator and to discuss the terms of the estate so all heirs are informed about the estate.

As far as the process going correctly, you would be entitled to copies of everything filed in the probate, which you can get through the clerk of the probate court if the attorney does not send them to you. Also, you are free to have your own attorney engaged to monitor the probate process, since you seem to be removed from the process and have a possible distrust of the other heirs and possibly the administrator of the estate.




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This is NOT the practice of law nor is it legal advice to you, it is merely educational information for you to use to seek out a licensed attorney in your state to get actual legal advice from them. Please use sites such as http://www.martindale.com or http://www.lexmundi.com or http://www.hg.org to find a local attorney to get actual legal advice in all matters.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 91822
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 8 other Legal Specialists are ready to help you
Customer: replied 1 year ago.


Thank you for your knowledgeable answer. I have no choice but to involve my attorney. Is there a possibility that he can handle this for me without my having to attend such a meeting?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

Yes, you should involve your attorney. He can indeed handle the meeting without your attendance.
Customer: replied 3 months ago.

I have only received copied of the communications from October of 2013. Could you please answer the questions I have sent you a few minutes ago?

Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your reply.

I see no questions you posted a few minutes ago. Furthermore, this response is 289 days old so to continue in this thread please accept the email offer you are receiving and then reply with your new questions.

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Law Educator, Esq.
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JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law