More details to this question:
my mother and father both are decease
my mom left her brotherin law in charge of the estate she has been gone 8 years.and the estate is still open me,my daughter,and brother get a third.according to my uncle there is no money out of a 272,000 estate
my daughter being a minor gets 40,000 off the get when she turns 23 they dont have it.
he owns his own buisness i think he used the estate money to get it up and running again.
plpus he isnt doing anything his wife is telling me she isnt giving me my money.she has nothing to do with this.i think they stole the money
i dont have the money to get a lawyer im lost and dont know what to do
there is no outstanding debts or anything.my brother found out my uncle was incharge 2 days before my mom died and he started doing stuff before she was dead. is that illeagal
1 ANSWER
Tonya Coles
Your mother's estate has been open for eight years? If so, that sounds excessive. Most Ohio estates close within one or two years. If the estate is still open in probate court, you can visit the court to see a copy of the case file. I suggest that you look over the case file to find out how your uncle is handling the estate. He is required to provide a report to the court (as well as all beneficiaries) about his handling of the assets and debts of the estate. If a beneficiary does not agree with his report, that person can request a court hearing to contest it. There is a limited amount of time to contest, though, so you should look at the case file as soon as possible.
I know you say you can't afford a lawyer, but you really need to contact one. Find a probate lawyer who is experienced in probate litigation. Many lawyers offer a free consultation. You can at least schedule a consultation to tell your story and find out if you have any legal rights. You may even find a lawyer who will take your case for a reduced fee.
Tonya R. Coles
Elder Law -- Estate Planning -- Probate
www.tonyacoles.com
Answered on Sep 06th, 2012 at 12:52 PM