Here's fblumberg's other threads in probate
08-07-2007, 11:33 AM
fblumberg
Junior Member Join Date: May 2006
Posts: 13
Father died in Ohio, no one will tell me anything?
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What is the name of your state? NJ
Got a call from sister (estranged) Dad died last night,(07/19) dont bother with anything we are cremating the body.
Nursing home wont tell me anything, brother inlaw wont put thru calls, Fathers guardian (atty) wont call back, nothings been probated, had to get the coroner to verify that he actually did die and tell me how! Rest of family cant get thru... and want a funeral!
When he was in Florida I got quarterly statements from his Trustee, he was moved to Ohio by my sister and Brotherin law In early 2005 and I have recieved no accounting from anyone since. The close of accounts in Florida, where his estate was valued at $475,000
He had a full coverage nursing home policy, and a life insurance policy of term $250,000.
Shouldnt I recieve any information, in a timely manor, I am the eldest son...
and very confused and upset about all the secrecy...
#2 08-11-2007, 09:26 AM
Dandy Don
Senior Member Join Date: Apr 2002
Posts: 6,685
Just be patient--eventually you will find out what you need to know.
You don't mention whether he had a last will and testament or not. Check at the county courthouse probate court for whatever city he died in in Ohio to see if they have filed it yet. If they have filed it you can ask for a copy by mail. Normally that is done within the first 30 days after the death. IF all of his assets were put into the trust there may not be a will.
Do you know if you were listed as a beneficiary in the trust or not? At some point you will need to send a certified letter to the trustee asking for a copy of the trust and for an accounting statement.
Do you know who was named as beneficiary on the life insurance?
DANDY DON IN OKLAHOMA (
[email protected])
#3 08-11-2007, 02:13 PM
fblumberg
Junior Member Join Date: May 2006
Posts: 13
Prior to 2004 my sister was the beneficiary, and I was to get the house...
After Mom died in 98 My sis and hubby swept in and sold house taking dad to Ohio with them... after 6 months they shipped him to me at Thanksgiving, (one way ticket) in Florida
In 2004 Dad went to Ohio to rearrange everything and telling me and my partner that everyone was to be taken care of equally, Me My partner, My sis and her Husband
he even called from the lawyers office to verify correct spellings and SS #'s.. Nothing has been filed atthe probate office and the atty wont answer my calls or return them had Atty friend call and fax 3x all to no avail... its been 26 days
The family says I need to go there to "straighten things out"
but I think thats asking for trouble, and that there must be a way to do it from Here, NJ
#4 Today, 10:08 AM
Dandy Don
Senior Member Join Date: Apr 2002
Posts: 6,685
Hire a probate attorney in the same city/county where the death occurred to get probate opened up. He can get judge to ask the relevant parties to produce a will if there is one. Right now you don't know if there were enough assets to have an estate or if all assets were put in the trust. They may deliberately hiding the will to keep it from being probated but at least with an attorney you are more likely to get answers.
New thread by fblumberg:
08-10-2007, 10:52 PM
fblumberg
Junior Member Join Date: May 2006
Posts: 13
Forced probate?
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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?
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Last edited by fblumberg : 08-10-2007 at 11:09 PM. Reason: Punctuation
#2 08-11-2007, 08:33 AM
nextwife
Senior Member Join Date: Jan 2003
Location: WI
Posts: 14,169
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.
__________________
Adoptive parents ARE "real" parents. Sharing genes is not what makes you a "parent"!
#3 08-11-2007, 12:17 PM
fblumberg
Junior Member Join Date: May 2006
Posts: 13
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...
#4 08-11-2007, 12:31 PM
nextwife
Senior Member Join Date: Jan 2003
Location: WI
Posts: 14,169
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?
__________________
Adoptive parents ARE "real" parents. Sharing genes is not what makes you a "parent"!
#5 08-11-2007, 02:04 PM
fblumberg
Junior Member Join Date: May 2006
Posts: 13
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!
#6 08-11-2007, 03:38 PM
nextwife
Senior Member Join Date: Jan 2003
Location: WI
Posts: 14,169
Quote:
Originally Posted by 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!
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..
__________________
Adoptive parents ARE "real" parents. Sharing genes is not what makes you a "parent"!
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Last edited by nextwife : 08-11-2007 at 03:43 PM.
#7 08-11-2007, 09:46 PM
fblumberg
Junior Member Join Date: May 2006
Posts: 13
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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
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Last edited by fblumberg : 08-11-2007 at 10:12 PM. Reason: clarification
