QUESTION
What can be done if Dad passed away and his sister took all of his assets?
Asked on Jan 29th, 2013 on Estate Planning - California
More details to this question:
I recently found out my dad passed away, I had been looking for him my entire life but never found him. I started looking into who got all of his assets and discovered his sister took all of his money, she went and got an affidavit of successor a month after his death. Now my dad wasn't married nor did he have any other children I am the only one and he is on my birth certificate. If she has already obtained the money, can I sue her since it should have gone to me? And how would they collect the money from her? I tried to talk to her civilly bit he denied everything even though I have a certified letter stating the facts.
21 ANSWERS
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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You are his heir. You are entitled to his assets. If she did an affidavit of successor interests, it is a small estate. His sister may have a super priority claim for the funeral and burial expenses. How long ago did he die? If you have any questions, please contact me.
Answered on Jan 30th, 2013 at 5:12 PM
In order to lawfully take control of all of your father's assets at his death, he would have had to had a will that named you, but left you nothing. Otherwise, his sister would have had to make a false statement to the court. To challenge your aunt's acts you need to know how exactly she acted to take your father's estate (assets). If she will not cooperate, you may need to file a lawsuit.
Answered on Jan 30th, 2013 at 5:11 PM
Yes, you can make a claim for the return of the assets. Under Oregon law, the sole heir of an unmarried man is his son.
Answered on Jan 30th, 2013 at 5:11 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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If she used an Affidavit, then the estate was relatively small. You may need to chew up a chunk of that, in order to prevail. Perhaps a letter from an attorney would get her attention. Your recourse would appear to be an action in probate to recover assets taken from the estate. One positive is that there IS a conversion statute in Michigan. If the court finds that she converted the assets, then she could be liable for treble damages. That might give her some incentive to settle with you.
Answered on Jan 29th, 2013 at 7:50 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You need to obtain a probate litigation lawyer to assist you with a suit against your father's sister ASAP. Hope there is assets left to recover.
Answered on Jan 29th, 2013 at 7:49 PM
Yes, you have a case. You should get copies of the probate files if there was a probate proceeding. If not, you should check into the provisions of the trust. A good probate lawyer can help you.
Answered on Jan 29th, 2013 at 7:46 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Hire a lawyer to file a petition fro probate and an 850 petition on her.
Answered on Jan 29th, 2013 at 7:45 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You need to talk to an attorney to see about opening up the probate estate. One thing, how long ago did your father die? If more than 3 years, you may be out of luck.
Answered on Jan 29th, 2013 at 7:40 PM
Probate & Trust Attorney serving Fort Lauderdale, FL
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Robert J. Slotkin
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First, check the probate clerk records from the county he lived in. It will tell you exactly what happened to his money. Then you hire a lawyer and re-open the estate. The judge has the authority to make her give it back.
Answered on Jan 29th, 2013 at 7:39 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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If your aunt knew that your father had a child, then she may have perjured herself making the affidavit of claiming successor. Get a lawyer to review the affidavit and the facts and consider suing her (assuming she still has assets you can reach if you get a judgment).
Answered on Jan 29th, 2013 at 7:28 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You should engage an attorney to look into the circumstances for you and advise you of your legal rights. Generally, under the laws of the test to see you would be the presumed heir to what ever your father died ceased of. If on the other hand he died with a will leaving it all to his sister you may be entitled to little, if anything.
Answered on Jan 29th, 2013 at 7:24 PM
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You should consult with an attorney. If he left a Will she may be entitled to what she received if not then you probably are assuming you were not adopted by another and his parental rights were not terminated. Again you should meet with an attorney. Best of luck to you.
Answered on Jan 29th, 2013 at 7:20 PM
As his daughter, you may be able to pursue an action against his sister. You should discuss all of the facts with a probate attorney.
Answered on Jan 29th, 2013 at 7:19 PM
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Speak with an attorney and show him or her your documentation. Only then can someone properly advise you on what you can do.
Answered on Jan 29th, 2013 at 7:17 PM
Trust Law Attorney serving Hayward, CA
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Law Office of Norman E. Reitz
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If the facts stated are true and can be proved, an action lies against the aunt.
Answered on Jan 29th, 2013 at 7:14 PM
Thank you for sharing your question. I can only comment on your case as far as the information you have provided and according to Utah law; as such, what I share here is cannot be used as legal advice for your particular situation but only legal information strictly limited to the facts you have shared. This is really a probate law question. There are some additional facts that an attorney would need to give some specific advice. Generally speaking, as in error to your father, you would be entitled to a portion of his estate. However, an important question is, how long after his death did you find out about him and make your claim? If you are timely in making your claim, you would have a right to his entire estate and you could sue his sister for a judgment; how you would collect the money would depend on how she holds the money or assets, and you need to consult a lawyer in order to ascertain all the facts, including the total net value of your dad's estate and where his sister has put all those assets.
Answered on Jan 29th, 2013 at 7:10 PM
Estate Planning Attorney serving Marquette, MI
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The Wideman Law Center, P.C.
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You need to see an attorney who specializes in Probate and Estate Planning. Given that you were out of the picture, your father may have very well left everything to his sister by simply adding her name to all of his assets, or through his will.
Answered on Jan 29th, 2013 at 7:10 PM
Your best course of action is to contact an attorney who specializes in estate litigation as soon as possible. You run the risk of having any claims you may have by statutes that dictate when claims must be brought, if at all.
Answered on Jan 29th, 2013 at 7:08 PM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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How did she take all the money? Did she falsely claim that he had no children, or was she the joint tenant or beneficiary? You should talk to a probate attorney ASAP to determine the proper course of action.
Answered on Jan 29th, 2013 at 6:59 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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It depends on what steps she took on his Estate. If she sent all required notices and you could not be found you may not have any recourse against her. If she did not take the required steps you would need to file an action against her.
Answered on Jan 29th, 2013 at 6:59 PM
Business Litigation Attorney serving Orange, CA
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Law Offices of Frank Granato
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Yes. You could possibly sue your sister; especially if she was aware of your existence.
Answered on Jan 29th, 2013 at 6:58 PM