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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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My father passed away 4 yrs ago naming my stepmother as

Customer Question

My father passed away 4 yrs ago naming my stepmother as executor. 3 yrs into probate she had a stroke and lives with very little memory of her life. The executor of my stepmother estate has power of attorney and has by default gained control of my father's estate. After 3 yrs and 7 months there has been a distribution both Estates being quite sizeable upwards of 2.5 mi.lion each since my stepmother is still alive her estate is not in question (although there are monies (600K) that my father gave her
just in case and if she did not use it for whatever emergency it comes to me. This was to be spelled out clearly in her will). OK my father and stepmother ( Ginny from here on ) bought an apartment in a very exclusive affluent retirement village complete with its own little hospital their own doctors etc. You get what I mean. When ginny had her stroke several months prior to my dad's estate coming out of probate after almost 4 effing yrs. the powers that be at the Village moved ginny from the apartment to the hospital part declared her incapable of handling my dad's estate and after a few months in rehab moved her into the assisted living part where she still resides. Within a few days of her move to assisted living they had cleared the apartment of EVERYTHING giving her executor all of it....some very pricey jewelry, my father's was to go to me his only deccendent. Now this woman I've met her once at my father's funeral has not communicated with me ever. I've tried to contact her several times even went thru the to so I can recover my father's belongings. To no avail. How do I get her to talk to me? Tell me where my dad's things are. I only want what rightfully belongs to me. Did she have the right to take possession and clean out the apartment without notifying me? Are their laws that govern the activities of an executor. I think I need a good lawyer. Don't you?
Respectfully, Kenneth
Submitted: 11 months ago.
Category: Estate Law
Expert:  Loren replied 11 months ago.

Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.

Is there an estate still open in probate?

Has your mother been declared legally incompetent?