Ocala, FL asked in Estate Planning and Probate for Florida

Q: My grandmothers family is not honoring her will and possibly forging documents. What can I do?

Okay so to fill this out completely. My grandmother had her will devised that the assets would be shared between her three children. My two uncles and my father. My father had passed before my grandmother did so the assets would be split between his children. Me and my siblings. The main source of "income" would be coming from my grandmothers house. The house is easily worth over 40k considering the area and the property. My uncle listed that he had sold a house and land for 8k. My uncle in the past was a huge person in the housing market. I doubt he sold it for 8k and am curious if he forged documents or something along those lines? Even if he did sell it for 8k me and my siblings have not seen a cent of it and my family is ignoring me and my siblings contact. I know that there is a form for reporting to the IRS for possible fraud. Is this something that I could do? I wish to use the money in part to re-activate the memorial page for my father. My uncles were too cheap.

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1 Lawyer Answer
Seril L Grossfeld
Seril L Grossfeld
Answered
  • Estate Planning Lawyer
  • Fort Lauderdale, FL

A: You should have seen an attorney long before assets were sold. Normally someone has to be appointed personal representative to accumulate and distribute the assets. If the house was in your grandmother's name only there should have been some court order allowing the sale or determining heirs before your uncle could have sold it. If there wasn't maybe the title to the house was transferred prior to your grandmother's death, since your uncle could have sold it in your grandmother's name. You should contact a probate attorney in your area for a consultation to investigate what was done. Once the property was sold, unless it was not for the fair market value there may not be a whole lot that can be done to correct this now.

Henry George Ferro agrees with this answer

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