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In need of help and advice I don't know what to do

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arobertpeter

Junior Member
What is the name of your state?What is the name of your state?Florida, My farther passed away just a week ago and I did not find out until just a few days ago. My step sister rushed down to his home emptied his checking and saving accounts and is selling his property before I even knew my farther had died. My step mother is insane in the true sense as she sat with his body for two days before anyone knew he had died. I tired to talk with my step sister about probate court and she does not even want to discuss the issue her only interest is to get what she can and go. I tried to talk about a will and she said there was none which I don’t believe. My sister in-law is also a know criminal and I am sure she is only acting in her best interest. In calling the local police they also have failed to take any action or offer any advice and have offered no help. In calling a lawyer I was told that if the estate is not over $2,000,000 it’s neither worth the time nor the effort because there is not enough money for him to make. Is the law that screwed up? Does anyone know what I can do as I have exhausted all my options in as soon as I started any advice would be gladly welcome and desperately needed.
 


BlondiePB

Senior Member
arobertpeter said:
What is the name of your state?What is the name of your state?Florida, My farther passed away just a week ago and I did not find out until just a few days ago. My step sister rushed down to his home emptied his checking and saving accounts and is selling his property before I even knew my farther had died. My step mother is insane in the true sense as she sat with his body for two days before anyone knew he had died. I tired to talk with my step sister about probate court and she does not even want to discuss the issue her only interest is to get what she can and go. I tried to talk about a will and she said there was none which I don’t believe. My sister in-law is also a know criminal and I am sure she is only acting in her best interest. In calling the local police they also have failed to take any action or offer any advice and have offered no help. In calling a lawyer I was told that if the estate is not over $2,000,000 it’s neither worth the time nor the effort because there is not enough money for him to make. Is the law that screwed up? Does anyone know what I can do as I have exhausted all my options in as soon as I started any advice would be gladly welcome and desperately needed.
Estates valued $75,000.00 or more require formal probate administration in FL. Estates less than that can be probated under family/small administration. It does take time for a will to be probated, usually a month. Read FL probate statutes under Estates and Trusts at this link www.flsenate.gov/statutes

Pay particular attention to who is eligible to be an executor. Consider opening probate yourself and filing/applying to be the Personal Representative (Executor). If there is a will, someone will produce it to the court. You do not have to have a will to open probate. You will need an original death certificate. With the Letters of Administration that are issued to the Personal Representative, you will have the legal authorization to access bank records, etc. and do what you need to do. Also call other attorneys.
 

Dandy Don

Senior Member
You need to have some idea as to the value of his estate before you file to open up probate. It sounds like he named stepsis as beneficiary of his bank accounts (otherwise, bank should not have released the money to her) and if that is true then she gets all of the money without going through probate.
 

BlondiePB

Senior Member
Without Letters of Administration, arobertpeter will not have the legal authorization to find out whether the bank accounts were POD or if the accounts were joint accounts with the co-owner being the surviving wife whose funds were stolen.
 

arobertpeter

Junior Member
My step sister is not named as beneficiary she simply took my dad’s car loaded, my step mother into the car, and had my step mother withdraw what money was in the accounts. My step mother does not have a driver’s license. Also, in asking about a will she stated there was none, I think she is lying about this as I am sure my dad would have left some instructions. I would believe that she would have destroyed it if one was found. The only talk of a will is when my step sister stated that my dad left instructions that I was responsible for the body, what a bitch she truly is. My dad’s death certificate is being released tomorrow and I will have more information as to what happened. What is really blowing my mind is the lack of action the lawyers and state of Florida are willing to take. All the lawyers are worried about is money, money, money and the state of Florida is just a lost cause. It looks like I am the only one worried about what the poor old man wanted done. The world is truly a sick place with money being the only thing people love:mad:
 
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BlondiePB

Senior Member
arobertpeter said:
My step sister is not named as beneficiary she simply took my dad’s car loaded, my step mother into the car, and had my step mother withdraw what money was in the accounts. My step mother does not have a driver’s license. Also, in asking about a will she stated there was none, I think she is lying about this as I am sure my dad would have left some instructions. I would believe that she would have destroyed it if one was found. The only talk of a will is when my step sister stated that my dad left instructions that I was responsible for the body, what a bitch she truly is. My dad’s death certificate is being released tomorrow and I will have more information as to what happened. What is really blowing my mind is the lack of action the lawyers and state of Florida are willing to take. All the lawyers are worried about is money, money, money and the state of Florida is just a lost cause. It looks like I am the only one worried about what the poor old man wanted done. The world is truly a sick place with money being the only thing people love:mad:
It's difficult to give good advice when details are missing. Burial instructions are a family matter not legal matter. It looks as though your only hope of recovery for funeral expenses is if your father had any assests that must be probated (like real estate not titled with JTROS), or if you are a direct beneficiary of something such as life insurance.

Step sibling took her mother and her mother's money and stole away.
 

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