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legal rights to estate as son of deceased

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HOLLEJORDAN

Junior Member
california AN ATTORNEY REPRESENTED MY BROTHER AND SISTER IN LAW IN THE LEGAL PROCEEDINGS CONCERNING MY MOTHER'S ESTATE HOWEVER I HAD BEEN INFORMED BY MY BROTHER THAT MY MOTHER DIED WITHOUT A WILL, I WAS NEVER SENT ANY INFORMATION AND NOW I HAVE LEARNED THAT THERE WAS A WILL. I HAVE RECENTLEY LEARNED THAT MY BROTHER AND HIS WIFE TOOK OVER AS AMININISRATORS AND THE CASE WAS SETTLED. DO I HAVE ANY LEGAL RIGHTS BECAUSE THEY FAILED TO NOTIFY ME OF THE PROCEEDINGS AND HW DO I FIND OUT IF I AM SUPPOSED TO RECEIVE A PORTION OF THE ESTATE
 


justalayman

Senior Member
get a copy of the probate file from the county probate court. It should be the county of her last residennce.

in it will be the will and all actions taken by the administrator.
 

Dandy Don

Senior Member
Are you implying that the will was found after intestate probate proceedings and that it should have been probated?

No matter what actually happened, the administrator should have listed you as a legal heir if you are such and you should have received notice of the court hearings. You can review the probate file to see how the estate was handled, and then consult an attorney about what your next step should be.

DANDY DON IN OKLAHOMA ([email protected])
 

nextwife

Senior Member
Do you know if the estate had any assets? Might the problem be that there were no assets to distribute? In my work, I must get a couple phone calls every week from some family member handling an estate whose only remaining assets after paying estate debts is a no equity, deferred maintenance, over-mortgaged piece of real estate that still owes one to four years of property taxes.
 

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