What is the name of your state?What is the name of your state?TX After my Dad died in Feb. my middle sister put my Mom in a nursing home and completely eliminated my oldest sister and myself from the family. She is living in my parents home even though she has her own home out of state. She has sold their possessions at an auction without my sister and I knowing. I found out by doing a search on the internet. She claimed after my Dad died that he had a will but she wouldn't let us see it, no one has seen it that I know of so we don't know if there was one or not. My Dad's funeral still has not been paid. My sister evidently kept the money from the auction for herself. She won't talk to us or even let us in my parents home. My older sister and I are both in another state so that makes it harder.We can't afford a lawyer. What I want to know is can my older sister and I file for the probate to be started or does that depend on whether or not there was a will and is there any way we can find out if there was a will. Any help would be appreciated. Thanks
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Probate Question
- Thread starter Avate
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Let's Tango!
Junior Member
Avate said:What is the name of your state?What is the name of your state?TX After my Dad died in Feb. my middle sister put my Mom in a nursing home and completely eliminated my oldest sister and myself from the family. She is living in my parents home even though she has her own home out of state. She has sold their possessions at an auction without my sister and I knowing. I found out by doing a search on the internet. She claimed after my Dad died that he had a will but she wouldn't let us see it, no one has seen it that I know of so we don't know if there was one or not. My Dad's funeral still has not been paid. My sister evidently kept the money from the auction for herself. She won't talk to us or even let us in my parents home. My older sister and I are both in another state so that makes it harder.We can't afford a lawyer. What I want to know is can my older sister and I file for the probate to be started or does that depend on whether or not there was a will and is there any way we can find out if there was a will. Any help would be appreciated. Thanks
If you can't afford an attorney within the State and County where your father died, then just how were you planning on conducting a Probate from out of State? Under your personal financial scenario, your post makes no sense. Either sue your sister by hiring an attorney on a contingency fee basis, or forget about it.
Comments about Probate
One thing for certain is that there are some people here that get a little testy sometimes in their responses. Part of it is because when someone asks a legal question, the folks here are not lawyers but realize that answering law questions can be difficult especially without knowing all the facts. Personally speaking, I don't really care for lawyers all that much because I think they have cluttered up our legal system to a large degree. I look at lawyers as a tool in the toolbox.
Anyway, you do not necessarily need a lawyer to file a probate. Although I highly advice that you seek one to lay out your situation and give you some options. The state does not do jack squat as far as a probate goes. There are no probate police out there making sure a probate is done or not done. It sounds to me like your relative is doing something illegal and you have two situations going on. One would be whether you need to file a probate, either doing it yourself or hiring a lawyer to do it for you. And the second issue is your relative taking assets that are not hers.
Go spend $100 to $200 on a lawyer to have your situation assessed. It is probably money well spent.
One thing for certain is that there are some people here that get a little testy sometimes in their responses. Part of it is because when someone asks a legal question, the folks here are not lawyers but realize that answering law questions can be difficult especially without knowing all the facts. Personally speaking, I don't really care for lawyers all that much because I think they have cluttered up our legal system to a large degree. I look at lawyers as a tool in the toolbox.
Anyway, you do not necessarily need a lawyer to file a probate. Although I highly advice that you seek one to lay out your situation and give you some options. The state does not do jack squat as far as a probate goes. There are no probate police out there making sure a probate is done or not done. It sounds to me like your relative is doing something illegal and you have two situations going on. One would be whether you need to file a probate, either doing it yourself or hiring a lawyer to do it for you. And the second issue is your relative taking assets that are not hers.
Go spend $100 to $200 on a lawyer to have your situation assessed. It is probably money well spent.
Avate said:I know nothing about probate thats why I'm writing. I didn't know I needed a lawyer. I assumed probate was automatically done by the state when someone dies and maybe we could get the process going. Are you a lawyer by the way? You could lose the attitude!
Let's Tango! said:If you can't afford an attorney within the State and County where your father died, then just how were you planning on conducting a Probate from out of State? Under your personal financial scenario, your post makes no sense. Either sue your sister by hiring an attorney on a contingency fee basis, or forget about it.
Geeze, she asked a question. Time to move on to another forum where posters are not beneath your expertize.
BelizeBreeze
Senior Member
Before you spend money on an attorney, and although other's have not given you any LEGAL advice, let's tango has given you the only legitimate advice there is to have.Avate said:Thank you! I appreciate the suggestions.
Contact the Probate court in the county where your father died and inquire as to the existence of a probate action. If there is none, contact the recorder's office and ask about a Power of Attorney in your father's name.
If none exist, then travel to the county, contact a probate attorney and file probate INTESTATE. (without a will).
If this is actually the case and your sister has no POA authority, then she is in deep legal do-do.