Dad died no will, no executor, sister taking over possible fraud.

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My Dad died 2 months ago. He has 3 grown children - I am the youngest child. My Mom died 20 years ago and had significant assets that all went to my Dad. My Mom and Dad had old wills done in the 1970s giving equal shares to all 3 kids. When my Mom died there was no probate - my Dad got over a million dollars from my Mom. My brother and I got nothing. My Dad got remarried 2 years later to a lady with 2 grown kids. My sister had my Dad put her name on all his accounts when he had health issues - he gave her POA and his medical directive. He had an accident, got injured, and my sister made the decision to stop all his treatnent 1 day after surgery - she removed his chrst tube, refused a ventilator, took him off insulin and BP meds - he was i jured with punctured lung - not terminal - he was 83 and could have recovered. She sent him to hospice the next day - his heart stopped and he died in hospice. She did not talk to me or ny brother during this time or tell us what was really going on with my Dad. She now claims Dad had no Will. He had a Will - it was outdated and done prior to remarriage. If there is no Will there is no Executor. His wife filed a streamlined probate form for estates less than 15k. She omitted several valuable assets to keep amount under 6000. My sister already took his valuables and his computer - I don't believe my Dad was broke. My sister refuses to show me my Dad's or my Mom's wills. Now she is trying to threaten me by saying I won't get Dad's car if I don't follow her rules - ir I give up my right to his car. My sister has no legal authority to handle his estate and it is not up to her to decide what I get from my Dad. I need to get legal help - she is now evicting ne from her rental house and told me I can't look through any of my Dad's stuff when I go to get the car (it is at his wife's house with all his stuff). I know the probate form they submitted is fraudulent - it left off a coin collection, all his tools and power equipment, and other assets. I thiink my Dad had accounts my sister put her name on even his wife doesn't know about. I want his estate probated and an Executor assigned - his accounts and assets listed. His assets need to be aporaised - he had a gun collection worth thousands. I don't have the money to hire a lawyer - but I need to challenge all this. Do I have a legal right or can I get a court order to see my Mom and Dad's wills? Is my Dad's old will invalid since he got remarried? What actions can I take to legally have his estate investigated to find out his real assets and to see if assets have been misrepresented, stolen, fraudulently stated on probate forms? My sister is acting like the Executor and I need to take immediate legal action. I will try to get legal aid through some pro boni agencies in my area.


Need help, it isn't necessary to post twice ( It just splits up the responses and makes it harder for people to know what others have written.

Some comments:

1. It was your mother's choice and her sole right to leave her assets to your father. There was no obligation to split the assets with the children.

In fact, from my experience, this is often the case: first spouse who dies leaves the estate to the surviving spouse, who may at his/her discretion leave the assets to the children.

2. After reading your post twice, I do think there are some peculiar and inappropriate actions being taken, but I honestly don't see any other way of challenging these actions without hiring an attorney. You might have to make some payment arrangements, but some of these actions may require litigation or restraining orders to stop the dissolution of assets. The latter isn't a task for someone who doesn't have legal experience or academic education in the law.

2. You can try pro bono agencies, but my experience with them is that of necessity they limit the cases they take to regular, routine actions, as opposed to complex sequestering and/or dissolution of assets. You might be able to get some guidelines from them though, as well as a referral to a probate litigator who could institute the necessary action to stop the activities and get the issues sorted out.

This person could also answer your questions, such as the method of investigating the 'estate" and assessment of the true assets.

BTW, where is your brother on this? Does he or she agree with your assessments of the impropriety of your sister and stepmother's behaviors?
I see you actually posted 3 separate posts on this issue, this being the other one:

Obviously probate is being done. The wife would be the Executor if she filed the small estate papers. Your sister is protecting her. It is very common for the wife to be sole heir and handle the estate.
You are not cut out of the estate, since you are getting a car. The widow has every right to not let you in the house and not show you the court documents. You could hire a lawyer, but I don't see where you will win a case.
There is no law that says a will becomes invalid just because it's old or because life situations change. A will is a will is a will, and as long as he didn't change it by filing a new will, it's a valid legal instrument. It sounds like you need to sue your father's estate. Call up your state's bar association and ask for the names of a few probate lawyers. Filing an action against the estate should put a stop to your sister's shenanigans.
I have seen this so many times I am beginning to think it's just normal for someone without the proper authority to take over and make all the decisions. I don't know how to stop it but I can say that every time I see this any damages done are always irreversible. You have to stop it right away. Any personal items that disappear NEVER come back. It's the same with any personal assets. Once they are distributed it's almost impossible to reverse it. If the estate is in probate you have to contact who administers probate in your state and tell them you are contesting the will or the decision to declare the estate in testate.
Once again my number one piece of advice is to find the right person to ask. Many people THINK they know and are trying to be helpful but you will never really know until you contact whomever is responsible for administration of probate.

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