Chicago, IL asked in Probate for Wisconsin

Q: My daughters father died in a accident 3/22. He had no will, lived in Mn & Fl and owns $ do I start probate?

His name is Troy T Gambucci age 46. Died in Az, lived in Mn and Fl. He has 2 properties in Florida in only his name no liens. His mom, Pam Karahalios(Dickerson) age 69 lives in the house in Shakopee, Mn with him. He just closed on a house he owned March 6 and profit of $90k went into his business acct. his mother I believe is taking $ out of his account. His mother and brother are trying to avoid Probate and will not contact me, his only child’s mother. My daughter’s name is Adrianna L Gambucci. DOB 10/14/2011. Troy was paying child support out of Mn until he died. The state of Mn has already done a paternity test, so there is no doubt she is his child. I was told I need to get my 7 year old a lawyer in both Mn and Florida to start probate and protect her rights. How do I go about this? He had no will.

My name is Nadine Peterson

Phone 2189667821

Email is

Address: 11515 1st St no 70, Sturtevant, Wi 53177.

Related Topics:
1 Lawyer Answer
Thomas B. Burton
Thomas B. Burton
  • Estate Planning Lawyer
  • Eau Claire, WI
  • Licensed in Wisconsin

A: Hello, I am sorry to hear about the passing of your daughter's father. The previous advice you received is correct, if your daughter's father passed away without holding the real estate in Florida and Minnesota in a Trust, then a probate action will likely need to be opened in both states for the respective properties in each state. If he died without a Will, then his property will be distributed according to the laws of intestacy in each state, generally to the closest living relatives. If your daughter is his only child, she is likely the only heir in each state. I recommend you consult with a qualified probate attorney in the state and County where your daughter's father owned real estate for help moving forward. Best of luck to you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.