Q: Can adult child of deceased open probate for estate with no will and recently discovered assets that just disappeared?
Have discovered assets in excess of$50k that I assume sister with POA has kept. Mother passed Oct. 4, 2019. Her home was supposedly transferred on death to sister by other POA (mother's deceased husband), after removing mother's name from deed, yet home is still in his name. Can't afford $7500 retainer fee wanted by a lawyer. Would be nice to receive my share, but at this point, will just be happy if sister doesn't get to keep everything. No wills or probate ever opened.
A:
Sadly, when a POA does not honor her fiduciary duties, legal action must be brought to rectify the wrongdoings committed. Estate litigation is very expensive so the retainer fee does not sound out of line. You may want to shop for a lower retainer arrangement, but remember the final fee is based on hours devoted to this matter which could be more than any retainer you may pay.
To answer your question, you may be able to open the estate but if it is involves a dispute between you and a sibling, the probate process gets complicated.
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