Forced probate?

[fblumberg]

I'm in NJ, my Father died in Ohio, Wayne county.
Is there a way to force an attorney who has not contacted me
and wont answer calls or return faxes, to start probate?

 

[nextwife]

Who has the will? If you do, you don't need that attorney and can retain a more cooperative oner. If he does, consult with a probate attorney in that area about whether he can arrange to obtain the will and file probate, as this attorney does not seem to wish to do so.

 

[fblumberg]

He was my fathers atty(that has the will),also his Trustee(dad was incompetent), and my Brother in laws( a known thief ) best friend...
its been 24 days. Thanks they wont even answer any NJ attys...

Oh by the way i saw your PS Quote . I am an Adoptee...

 

[nextwife]

Thanks! MY daughter was an orphanage toddler. She's nine now.

Have you checked the county probate court to determine if he may have already filed to start probate?

If he fails to file, hire an attorney yourself and file intestate probate. THAT'LL get the attorney to act, and get the will filed, if he has one.

Do you know if dad had life insurance?

 

[fblumberg]

Yes Dad had full coverage for the Nursing Home through Amex. and IDS Life $250,000 term
Mom saw to all that before her Demise...
No I check with the probate clerk weekly and nothing, I had to get a copy of death cert to verify the date and cause of death thats how cooperative they are.

Your daughter is very lucky!

 

[nextwife]

Yes Dad had full coverage for the Nursing Home through Amex. and IDS Life $250,000 term
Mom saw to all that before her Demise...
No I check with the probate clerk weekly and nothing, I had to get a copy of death cert to verify the date and cause of death thats how cooperative they are.

Your daughter is very lucky!

Naw, we're the lucky ones.

IF you believe there are ESTATE assets worth fighting for, I'd suggest proceeding to file intestate probate. IF there is a will, that will force the attorney to present it to the probate court. Stop waiting, he's not acting on his own..

 

[fblumberg]

The plenary guardian in Florida sent me quarterly statements, last one showing
$480,000 at approximately 9% annual interest on a diversified low risk portfolio
with all social security checks ($900) being added monthly. Last one (statement) I received was
3/2005, He never spent a cent, depression child, should be about $600,000 plus the life ins @ $250,000 ...
To me and the hardships I have suffered thats a lot!
To the rest of my family, who cant understand why I don't visit more often or vacation with them or attend the various weddings and Bar mitzfas, all over the world, its a drop in the
bucket! Some how He got away with gifting my sister his car, she has three already....

I could tell you a very interesting story on my recent discovery of my Bio parents and sibs,
but not the time or place!!! You'll deal with that curiosity when the time comes!
Fred

I see you enjoy gardening, so do I but this am i woke up to an invasion of melon worms in all my zuchinis.....https://forum.freeadvice.com/images/icons/icon9.gif
Unhappy