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P. Simmons
P. Simmons, Attorney
Category: Estate Law
Satisfied Customers: 34348
Experience:  12+ yrs. of experience including estate law.
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My sister and I were to receive equal halves of my fathers

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My sister and I were to receive equal halves of my fathers estate after my mother died. My sister convinced my mother before she died to become Power of Attorney and Executor of her estate plus have my sister's husband, an attorney, to control her stock, before my mother died. I never saw my mother's will and was not given any paperwork. My mother died in 1999. I have no idea if I truely got half of the remaining stock or bank accounts then or what little trickels in over the years that I have received. Recently she was angry because she thought I cashed a CD for $10,000. in my name. Later she said I already received that money years ago. She and her family are touring Europe currently. What legal action can I take?
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Can you tell me, if you know, did the will go through the probate process?
Customer: replied 4 years ago.

Yes. My sister's father-in-law was an Estate attorney and did all the filings and took over temporarily since my sister knew nothing about doing that.

Thank you

You will want to first check with the probate court. If the case was probated, there will be a public record of the case. This will show what happened with the case.

This way, you will be able to see what happened.

The probate is a public you can inspect the record to see what happend at the probate.

What you describe, if the sister, or the father in law, did not properly distribute the proceeds of the estate? Specifically, if they did not give you your fair share, you can bring suit against her / her father to recover the money you have lost.

So the starting point is the probate.

Contact the clerk of the court, at the county probate court, and they can get you access to the court records...then you can see if they probated the estate and, if they did, if they did it properly.

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