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my father past away approx. 9 years ago. My older brother…

my father past away...
my father past away approx. 9 years ago. My older brother managed my fathers estate and sent me a few thousand dollars which he said was my share divided amongst him and two other siblings. Funny enough, I never heard from him again even though I have tried to keep in contact. I have been unsettled with the idea that my fathers estate was much larger than let on and my 3 siblings are splitting the larger estate. Two siblings built brand new homes, one of which had been previously broke. My brothers' son also built a brand new home at the Cape and was only a waiter. Pictures have surface on Facebook showing a more lavish lifestyle than they had previously. What are my options and am I too late to do anything about it?
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Answered in 12 minutes by:
6/27/2010
Daniel P.
Daniel P., Attorney
Category: Estate Law
Satisfied Customers: 2,742
Experience: I have my own practice in Sarasota, FL- Estate Planning, Medicaid & VA law, Probate & Family Law
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Thank you for entrusting me with your legal issue. I will work diligently and quickly to answer your questions. I look forward to assisting you.

 

Did you ever see a final accounting or inventory of your father's estate?

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Customer reply replied 8 years ago
No I didn't....my older brother was in charge of my fathers estate, actually he obtained power of attorney soon after my father died in the nursing home.

I think you mean he obtained the role as executor. A power of attorney is for when the person is still living not after they die.

 

I assume that their was a probate. I think your first step would be to contact the probate court where the probate occurred and to view the records. Hopefully they haven't been destroyed (I am not sure how long they keep records for). In the file you will see an inventory and possibly an accounting of the assets, along with a will (if one existed)). Then you can see exactly what your father's assets were when he passed and see if you were cheated or not.

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Customer reply replied 8 years ago
will the records also show if there was a settlement from a wrongful death suit against the nursing home my father died in because of nursing homes negligance?
It should because the settlement funds would become part of the estate assets and would have to be filed with the court.
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Customer reply replied 8 years ago
if i do find out that there was more to the estate than what was previously shared with me am i still entitled to it? It is too late to do something about it. or have I lost out?
No. I would advise you that if you do find out that there are more funds that you were not aware of that were part of the estate and that you were entitled to, I would suggest contacting a local attorney to represent you as the matter could get somewhat complicated. Most attorneys would probably take a case like this on a contingency basis (meaning that they won't get paid unless you recover something). I would argue that the cause of action would probably be theft since essentially they stole the funds from you.
Daniel P.
Daniel P., Attorney
Category: Estate Law
Satisfied Customers: 2,742
Experience: I have my own practice in Sarasota, FL- Estate Planning, Medicaid & VA law, Probate & Family Law
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Daniel P. and 87 other Estate Law Specialists are ready to help you
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Customer reply replied 8 years ago
Thank you for your time
You're very welcome. Good luck to you and if you require further assistance please do not hesitate to ask for me by name. Thank you!
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