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big mess

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katheiman

Junior Member
What is the name of your state?What is the name of your state? Florida

Ok, this is a very messy situation and I'm asking these questions on behalf of my neighbor.

My neighbor is a 24 year old mother who is married. Last week her mother committed suicide and did not leave a will. My neighbor is disabled. I know she has some medical problems, she is also legally blind. She receives disability pay. In my opinion she has some mental problems also. She's not violent or anything like that, but I do believe she may have some depression problems and her i.q. is most likely below normal. The point I'm trying to make is that this woman does not have the mental capacity to handle this situation by herself. (to make things easy I'll refer to my neighbor as "Jane")

Ok, so Jane was living in her mother's home with her husband and daughter and paying her mother rent. Jane's mother was living with her boyfriend. After Jane's mother killed herself, Jane's sister and grandmother removed all legal paperwork from Jane's mother's home. This included life insurance papers, mortgage papers, etc. Jane's sister took Jane's mother's car and is currently driving the vehicle. The estate is NOT settled. Jane's sister has not had the car transferred into her name and she has not insured the vehicle.

At this time Jane's grandmother and sister are refusing to allow Jane access to the mortgage papers and the other legal papers they took from the home. Jane has no idea about life insurance money, what is owed on the mortgage, etc. They are completely keeping her in the dark. Now, Jane's husband would most likely be able to help, but he has been deployed to Afghanistan(he's in the national guard, but is on active duty now). Jane contacted JAG for assistance, but was informed that they will NOT assist her. Can anyone tell me what this poor woman should do? Should JAG assist her? I told her to tell her sister to bring her the paperwork or that she would call the police and report the car being driven without insurance. I don't know if that's a good idea or not. Any advice would be greatly appreciated. This woman really has a lot of problems and does not need this kind of grief from her family especially while trying to deal with her mother's death. She only wants to continue living in her mother's home. That's all. As far as she's concerned her sister can have everything else. Please help!! :eek: Thanks in advance, Kathleen
 


Dandy Don

Senior Member
Jane should hire a probate attorney immediately to get probate opened up for this estate--whoever files to be administrator/executor will be in charge and this will be a strategic advantage in gaining control, but before doing that Jane should check at the county courthouse probate court to see if the sister or grandmother has already gotten their own attorney to file for probate.

So sorry about this difficult situation. Jane should limit her contact with her relatives and should probably let her attorney be the only one who contacts them.

DANDY DON IN OKLAHOMA ([email protected])
 

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