Q: My daughters father died in a accident 3/22. He had no will, lived in Mn & Fl and owns $500k...how 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 Nabean1974@yahoo.com
Address: 11515 1st St no 70, Sturtevant, Wi 53177.
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.
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