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Barrister, Attorney
Category: Estate Law
Satisfied Customers: 37322
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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My Father in law passed away 05/30/10 .. My Mother in law has

Customer Question

My Father in law passed away 05/30/10 .. My Mother in law has now passed away 06/24/2015 . My husband is their oldest living son ... My In laws have resided in the State of Florida since 1960, However, We live in the state of Georgia. How do I go about getting any legal information on their assets, and how they are to be handled ? I have a niece that resides in Florida, and she was appointed Power of Attorney ( their granddaughter ) .. I know that some real estate was sold by her in the month of March of this year. How can we find out where the funds went ? Doesn't this money belong to her estate ( NO knowledge of a Last Will & Testament ) Please point me in the right direction ... Not sure what is happening !!!!
Submitted: 2 years ago.
Category: Estate Law
Expert:  Barrister replied 2 years ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can..Has anyone filed a probate case to settle mother in law's (MIL) estate?.Did anyone ever file one to settle father in law's (FIL) estate?.Is there some reason why your husband hasn't contacted to local FL probate attorney to pursue opening a probate case?..thanksBarrister
Customer: replied 2 years ago.
To be honest, I do NOT believe anything was ever done with his Father in probate. If there has been any type of filing on his Mother, it would have had to be done recently, with tomorrow marking a month of her passing. There is no reason, other than the fact he had no idea of where to even begin. When you say a local FL. probate attorney .. Are you referring to one in County that his Mother resided in ( She was in a rest home in Bartow, Fl. ) They owned real estate in Lorida, Fl. Also, his father was a victim of Cancer, due to Asbestos poisoning he incurred from his job. He was receiving checks, as a part of a law suit that included him. How do I find out where that money has been going and how much is still owed ? We live in Georgia. We are located @ 65 miles from Tallahassee. Could this be something we handle in Leon County or is that impossible ? How do I find out if his granddaughter has already applied to probate ? Is there a website that publishes this ? Thank you so much ... We really need some help!
Expert:  Barrister replied 2 years ago.
Ok, the first thing that husband needs to do is contact a local probate attorney in the county where mother passed so he can help file a probate petition and get him appointed as Administrator of the estate if you aren't sure if there is a will or not. FL is one of a few states that make it mandatory to have an attorney for probate..Once he is appointed Administrator, he can then go through their financial records and request copies of anything to see if someone has been taking assets improperly from the estate. If a will is found and someone else is named as executor, then the will would be admitted to court and that person would take over administration of the estate..But the granddaughter's POA expires upon the grantor's death, so it has no power any more. As for finding out if she has filed for probate, the simplest way would be to just contact her to ask... If there are strained feelings, then he can call the local probate court clerk in the county where mother lived to see if any case has been filed. But if there had been one filed, the person filing it has a legal duty to notify all heirs of the petition so they have an opportunity to appear and object at any hearing..So odds are that no one has done anything yet if husband has not received any correspondence from the court...thanksBarrister

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