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Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 102584
Experience:  Fully licensed attorney in Texas in private practice.
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My step son mother died in Oct. He lived at the house with

Customer Question

My step son mother died in Oct. He lived at the house with his mom and step dad the night his mom died he was in jail when he got out step dad kicked him out. But they did find a will and it states my step son is to be taken care of he was the deseaseds only child. There are bank accounts but can't get access to know if step son Jeremy is on the accounts. His step dad told me he has to get attorney to get info on accounts so that to me sounds like step dad's name is ***** ***** the accounts she masy have safety deposit boxes as well my step son has no money no job how in the world can he get help to get what is rightfully his? We know his mom had money she would get 75,000 every 3 months as bonus thru her job she had quite a lot of expensive jewelry which is no where to be found. Please how can we help our step son I know his mom left him something but step dad is avoiding him and shutting him out help please??Thank you Sonja Miller step mom.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I am sorry to hear about this situation. Can you please tell me if you know whether or not probate has been filed for his mother's estate? This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
Don't know if his step dad has done this or not
Customer: replied 1 year ago.
Not sure if step dad has filed a probate or not
Expert:  Ely replied 1 year ago.
Thank you. I am going to assume that he has not. If not, then someone that is in your step-son's position can initiate probate himself to force the issue. Probate will have the Court determine which parts of her estate goes to whom, PER THE WILL. Normally the Executor that is named in the will files probate, but if they do not, then an interested party such as a beneficiary or a creditor can. So he would have to file for probate. See HERE.The problem is that this is fairly complicated. Especially if it is contested. I can provide a list of pro bono legal groups in FL if you'd like and perhaps one of them can help with at least drafting or general guidance. Reply and let me know if you'd like this. If the step father HAS filed for probate, then the step son can contest any improper distributions that have been made under probate (if any) that should have gone to him and have the Court order this reversed, etc. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!