Q: Complicated probate
I have a very complicated situation involving probate. My mother passed and left everything to my father and then he passed and left everything to my brother and I. They passed so soon that money kept coming into the estate. Long story short, the probates were in two separate states, mo and fl, with distribution from my father's ultimately. Years later, my brother got another large check and reopened my mother's to try and cash it for himself but did not succeed since it also needed the other probate reopen. They were and still are, mentally incapacitated so it's up to me to handle this. Where would I begin?
A: Any assets or checks not probated will need to be probated in the state of the deceased, if this is Florida, you will need to speak with a Florida Probate Attorney and you will have to indeed open probate again with the help of an attorney. You will have to provide all the details to the attorney and the sum involved to determine precisely what needs to be done. Usually, the only probate that needs to be opened would be the one who's estate the check was made out to, but this can be addressed with additional details you will be able to provide to that attorney in the state where this may be located, either MO. or FL.
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