Q: My fiance' has a case in probate. She was raised by and lived with her father all her life .he died without a will.
Her uncle came and took all of his personal property vehicles etc.. she was distraught over the loss s he retained a lawyer to stop uncle from taking money Wich is 1.8 million dollars the lawyers told her they would release some monies to her because she has to live and pay bills and eat and now the lawyer informed her that the uncle has been coming down to their office and talking to them and suddenly the money is not coming they keep telling her they'll send her wire the money into her checking account yet they are doing nothing what can she do her father worked his whole life supporting his daughter not supporting his brother and that money belongs to her rightfully we need some advice this has been in probate for 2 years.
A: It surely sounds like your fiancé needs to talk to a lawyer who will review whatever documents her uncle has and the probate file. If she is the sole heir of an intestate estate, it is difficult to imagine why the $1.8M isn't in her hands after two years unless some conservatorship was involved. You may need to advance her retainer money to get this straightened out, but she needs a lawyer.
A: I assume her father died in Maryland, as you asked this under Maryland law, although your geographic location is listed as California. She needs to immediately petition to open an estate and be appointed Personal Representative. She also needs a lawyer. Based on your facts, with no will, her uncle is entitled to no part of the estate. If she is the only child, she is entitled to all of it. What you describe is felony theft. If her uncle's lawyers are assisting in the theft, they may be liable as well. She needs to go to the State's Attorney's Office with this crime. I suggest first, however, that she meet with an attorney who can learn all the details and confirm the accuracy of your description of what is going on. If your fiancee is not mentally competent, then a guardian will need to take action on her behalf.
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