QUESTION
How do I get half of whatever money my family member left?
Asked on Dec 08th, 2011 on Estate Planning - Florida
More details to this question:
My Sister is the administrator; she refuses to talk to me about it either by phone or email. All I want is half of whatever is left. He passed over 3 years ago. The house was the only thing left and that was sold. He had a reverse mortgage on it, but there still be something left.
11 ANSWERS
Personal Injury Attorney serving Homestead, FL
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Abramson & Magidson, P.A.
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You would have to check court records showing title to the home likely passed to the mortgage company or the bank at time of death pursuant to the reverse mortgage; then contact the mortgage company to determine if there was any 'equity' after paying off the mortgage debt. You would have to seek help from a court clerk initially. Good luck.
Answered on Mar 19th, 2017 at 5:52 AM
Business Attorney serving Orem, UT
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Kirton & McConkie A Professional Corporation
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Well, it depends on your relation to the decedent. If you are an heir at law, and your sister was actually appointed by a court as the personal representative or special administrator, you should have received notice in the mail of those happenings. A personal representative has a legal duty to prepare an inventory of the estate of the decedent and all beneficiaries should get a copy of that. If the personal rep hasn't done this, you can file a petition in court demanding an inventory and/or requesting removal of the personal rep. An experienced attorney can assist you in determining your rights and best options.
Answered on Feb 28th, 2012 at 10:32 AM
1 Award
First you need to find out if the estate was probated. If it was and you were named in the will you need to motion the court to force the administrator to act. You can find out if it was probated by going to the county court and doing a search under your father's name.
Answered on Feb 24th, 2012 at 8:44 AM
Based on your question, it sounds as if there is a probate proceeding pending. If this is the case, you can file a petition with the court asking that the judge order your sister to provide a complete accounting and, if she refuses to cooperate, to remove her as the personal representative of the estate. This is assuming, of course, that you are indeed a beneficiary of the estate (i.e., you were specifically named in the will or you are an heir-at-law if there was no will). You may wish to speak with a Wisconsin attorney regarding your legal options within this estate.
Answered on Feb 23rd, 2012 at 6:55 PM
Peter James DeRose
My friend, you need a lawyer now. Typically, if this "administration" is being done informally, then she is likely dissipating the assets for her personal use but claiming they somehow are tied to the administration of the estate. If a case is filed in court, you should have received an accounting for the remaining assets. If the will says you split what is left, you will get your half. If the deceased died intestate-menaing without a will? and your sister and you are the only relatives , you will get half. HOWEVER-you need to hire an experienced attorney to force your sister to give you your inheritance. The longer you wait, the less will be there. Its that simple!
Answered on Feb 23rd, 2012 at 6:15 PM
Glen Edward Ashman
You hire a lawyer 3 years ago. Since you didn't do that, it may be too late, but hire one now.
Answered on Feb 23rd, 2012 at 6:08 PM
Banking Attorney serving Miami, FL
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The Barrister Firm, P.A.
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There should have been a final accounting and distribution filed with the Court; you may take a look at the Court file to see what she has filed with the Court and if there is any that is untrue you should bring it to the attention of the Court or retain counsel for assistance.
Answered on Feb 23rd, 2012 at 4:12 PM
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You should review the court records to see if you can tell where the estate is in the process. If you are unable to determine the status, you should consult counsel and retain them to review the file and advise you on the status.
Answered on Feb 23rd, 2012 at 3:16 PM
Elder Law Attorney serving Savannah, GA
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Elder Law Office of Mark Schaefer PC
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You used the term administrator, so I assume your father or brother died without a will. You will need to contact a probate attorney to file a petition for an accounting. Unfortunately, there is no standard form for that petition. Your sister will then have to present what she received as administrator, what she paid out, and what she has distributed to heirs. If you agreed to a waiver of bond when she was appointed, then you should not delay. If you get a judgment against her you will then have to try to collect on it. If she was required to post a bond, then you have some security there as long as you have not agreed to allow her to be discharged and relieved of liability. Contact a probate attorney promptly.
Answered on Feb 23rd, 2012 at 3:16 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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If she really is the administrator of the estate, then she has to account to the court, and should be copying you with those accounts. Go to the courthouse and ask to see the file for the probate of decedent's estate, and then you will know everything that has been going on.
Answered on Feb 23rd, 2012 at 3:16 PM
Probate & Trust Attorney serving Fort Lauderdale, FL
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Robert J. Slotkin
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Call the clerk's office in the county where he died and get the phone number of the estate's lawyer. He will probably talk with you. If that doesn't work, go down to the probate clerk's office yourself and ask to see the file. The file will contain a will (if there was one) an inventory of assets and any claims. If it looks like your sister is not recognizing you as a beneficiary and is boxing you out, you can either hire a lawyer or write a letter to the judge and complain. The judge will most likely call a hearing and invite you to attend.
Answered on Feb 23rd, 2012 at 2:52 PM