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FamilyAttorney, Lawyer
Category: Estate Law
Satisfied Customers: 1476
Experience:  Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years
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My mother passed in 2009 her husband executor of estate

Customer Question

my mother passed in 2009 her husband executor of estate never executed her will he passed in 2014 there were joint accounts as well as stocks individually owned and joint and none of that was ever executed to myself, how do i find out where they went or how to get them?
Submitted: 1 year ago.
Category: Estate Law
Expert:  FamilyAttorney replied 1 year ago.

Hello. I’m a licensed attorney with 36 years’ experience. I am a family lawyer and an appellate attorney, but I have many years’ experience with landlord-tenant issues, contract law, and other types of law. I also have written hundreds of legal articles. I look forward to helping you today.

Please note:This is general information 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 attorney on this site.

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Do you know whether either of the wills went to probate?

Expert:  FamilyAttorney replied 1 year ago.

Whether the wills went to probate is important, and you may not know the answer, which is fine.

Probate is necessary to pass ownership of the decedent’s probate assets to the decedent’s beneficiaries. If the decedent left a valid will, unless the will is admitted to probate in the court, it will be ineffective to pass ownership of probate assets to the decedent’s beneficiaries. If the decedent had no will, probate is necessary to pass ownership of the decedent’s probate assets to those persons who are to receive them under Florida law.

You will need to go to the probate court where they lived and find out if there was ever anything filed for them. You're much better off getting a wills and estates attorney to do that for you. He/she can track down your mother and her husband's estate, if it went through probate, a lot easier than you will be able to do. If you need the names of wills and estate attorneys in your area, just let me know and I'll be happy to send them to you, with a guide to picking a lawyer. We cannot recommend anyone but we can point you in the right direction.

Expert:  FamilyAttorney replied 1 year ago.

If she had a will it is likely he had a will, but not necessarily. So it will have to be tracked down to find out what happened in both cases. Someone will have to track this down to find out what happened. If it went through probate, the court should have a record that the executor was discharged and did his/her duties, but since her husband did not, it should show up in his estate. An experienced estate attorney will know how to track this down for you.

Expert:  FamilyAttorney replied 1 year ago.

Just let me know if you want me to find attorneys in the area where the probate court likely was. That will be the best place to look for an estate attorney. I'd just need to know what town/city, the bigger the better. And you can ask for a free consultation.

Hopefully it's an easy solution but it may be difficult to trace things going back from 2009 and 2014. It's best to have someone experienced do that for you because they'll know what to look for and where to start looking, like the courthouse. That would be the first step, unless you want to go there yourself.

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Expert:  FamilyAttorney replied 1 year ago.

Hi, just checking in to see if you still need help with your question and if my answer was helpful for you or if there is any more information that you need. Thanks!