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probate filing

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FF1wms

Junior Member
What is the name of your state?Ca.
Dad died and aunt was holding his will. My sister and I to split estate 50/50. Without saying anything she decides not to file the will(her name is not on it) and file intestate, her as administrator w/ full authority, the only heir, no beneficiaries, no other persons of interest. She does not tell anyone she filed for probate so noboby knows there is even a hearing at all. We just found out 6/23/05 Letters went out 4/8/05. She sold the house that was supposed to go to my sister and I. She never even asked, but I happened to have a newer will properly signed and witnessed. Is it to late for us to do anything? What can happen to her? What would be our next step?
 
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anteater

Senior Member
FF1wms said:
What is the name of your state?What is the name of your state?What is the name of your state?Ca.
Dad died and aunt was holding his will. My sister and I to split estate 50/50. Without saying anything she decides not to file the will(her name is not on it) and file intestate, her as administrator w/ full authority, the only heir, no beneficiaries, no other persons of interest. She does not tell anyone she filed for probate so noboby knows there is even a hearing at all. We just found out 6/23/05 Letters went out 4/8/05. She sold the house that was supposed to go to my sister and I. She never even asked, but I happened to have a newer will properly signed and witnessed. Is it to late for us to do anything? What can happen to her? What would be our next step?

Way to go Auntie! How many counts of perjury do you suspect she can be charged with?

Find out where the county courthouse is, try to get down there, and get a copy of everything in the probate file. Then, either:

1) Spend a heckuva lot of time at the courthouse and law libraries until you feel capable of representing yourself, or

2) Start interviwing probate attorneys to find one to represent you. Then let the attorney wreak havoc on Auntie.

Personally, I would go with 2). Good luck.
 

BlondiePB

Senior Member
FF1wms, this goes way beyond just perjury. You need an attorney, like yesterday. The estate account needs to be frozen immediately, which the attorney can get done quickly prior to auntie knowing about it. Auntie dearest is gonna be hurtin' for certain.
 

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