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Asker
Posted almost 3 years ago.

Thank you Mr. Frederick, for you answer, either by P.O.A., JTWROS made before testator's death, or by Affidavit. The confirmation by the clerk of the District Court has only verbally said, there is no record of settling of the estate by probate or affidavit. Now taken that this is true, then the removal of the CDs were by either P.O.A. or widow being a JTWROS. Now taken that this true, then the widow has intentionally made the entire estate a non-probate estate, being that all other real/personal property was to go to the widow. The Will was never attempted by the widow to be probated,. This may be also a way to conceal from the Probate Court, the wishes made by the testator? Deception is at play by the widow, through out the entire course of this, as the CD whereabouts are unknown at present to the beneficiaries. The amount of the CDs are great enough to seek recovery. May the theft of it, be considered criminal, and beyond excuse. Thank you for cluing me in on the probate court's ability to remedy an inappropriate conversion. Aloha Nui!

James P. Frederick
James P. Frederick, Probate Attorney - Livonia, MI
Posted almost 3 years ago.

If you find that the CDs were changed by POA, then I think you have a decent case. I would hire a probate litigation attorney to assist you. If, on the other hand, the CDs were jointly owned, I do not think there is much you can do. It is fairly common for spouses to own assets in that way. I do not think a court will undo that, even if the Will provides otherwise.

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Asker
Posted almost 3 years ago.

Thank you Mr. Frederick, for responding. Since the CDs was the testator's separate property when making of the Will, the jointly owning of them, would have to be done for a reason, which would have to correlate with the wishes of the testator. If not, then the widow/joint owner would have to claim that his intent for the gifting of the CDs to his family, the beneficiaries, has changed before his death. Note: The beneficiaries have evidence; statements, conversations and actions of the widow that prove contrary to this possible claim she may make. A sincere, Mahalo Nui! for your help and all the well wishes.

James P. Frederick
James P. Frederick, Probate Attorney - Livonia, MI
Posted almost 3 years ago.

You are most welcome! Let us know how it all turns out!

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Asker
Posted almost 3 years ago.

I surely will be celebrating a favorable outcome and will want to thank all of you that contributed help along the way. All of you made it less stressful and quite relieving by providing the support that I needed. Mahahlo Nui! Mr. Frederick, a lot of help came especially from you, and I'm sincerely very grateful. Aloha, for now, 'till I post the verdict. :)

James P. Frederick
James P. Frederick, Probate Attorney - Livonia, MI
Posted almost 3 years ago.

You are very welcome! I will be hoping for your good news!

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Asker
Posted almost 3 years ago.

SHAKA! (hawaiian: right-on!)