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Tue 17 Mar, 2020 01:44 pm
My dad passed away. My aunt contacted me telling me he did not have a will but he has money in his bank account that he wanted me to have. She told me because i am the next of kin that I have to handle his estate and that I had to call the probate office. What ever I needed she had and would give me just to let her know( bank statement, ssn,death certificate, etc) I let her know what the probate office needed me to give them to start the process and she told me she’d get it to me but have not heard nothing back yet. Don’t know if she’s not giving it to me because she’s trying to get his assets herself. If that is what she is trying to do can she do it without me knowing or would I have to sign off on it for her to be able to go through with it. Basically I need to know if she can overstep me and do it without my knowledge
@Pookiebear8401,
You need a lawyer. These are legal questions. And a lawyer well-versed in trusts and estates should be able to help you with any tax issues that may crop up.
You don't have to be the one to handle the estate. It can be someone else. But get an attorney involved in this, before it becomes an enormous family feud.
Try one more time to call her. You can also ask the local police to do a “ well check” as she may be ill herself. Does she live in your father’s home?
If she’s OK and still she does not respond, hire a lawyer to write her a letter listing the items needed, with a deadline date to get them to you.
You don’t say how much $$ there is, or if he had other assets, but act on this asap.
@jespah,
Definitely trying to avoid any hassles. Just want the right thing to be done.
@PUNKEY,
The only thing he had was his bank account nothing else. She told me there was 70,000 in the account. And that’s all he talked about was me getting it. I know anything he owes which ain’t much would have to be handled first which I’m fine with doing. She kept insisting I do this because that’s what his wish was and not to take to long on it (I told her that I was still getting thru losing him not really thinking about money right now) but I just don’t understand why she told me this then it almost seems like she don’t want to give me what I need to start the process. I was going to give her a little more time before I do anything else not sure if she just didn’t get over to his house yet or if she’s just choosing not to give me what I need now
@Pookiebear8401,
Pookiebear8401 wrote:
Definitely trying to avoid any hassles. Just want the right thing to be done.
The only right way to do this is through a trusts and estates attorney. You were never given power of attorney. You're about to step into a bureaucratic minefield if you try and handle this without any legal expertise.
@tsarstepan,
tsarstepan wrote:
Pookiebear8401 wrote:
Definitely trying to avoid any hassles. Just want the right thing to be done.
The only right way to do this is through a trusts and estates attorney. You were never given power of attorney. You're about to step into a bureaucratic minefield if you try and handle this without any legal expertise.
Its going to have to be resolved in the probate court any way - where there was no trust set up. So best to get lawyer involved
@tsarstepan,
tsarstepan wrote:
You were never given power of attorney.
I had power of attorney over my mother in law, when she died that ceased and her funds were in limbo until we went through probate.
I don't know what the situation is over there, but all the more reason to get legal advice.
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