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My Father has failed to submit my Grandmother's last will and testament to probate court

After my grandmother's death my father showed my sisters a fake will and testament no signatures/blacked out paragraphs. The will was never submitted to the probate. She had several properties, gas well royalties, and a substantial amount of cash in a bank account, and a safety deposit box. My father held power of attorney over her accounts and used them as if they were his own--and continued after her death. My grandmother and I owned one property as joint tenants/ rights to the entirety, which is now mine. However, Six months passed with rents on that property being paid to my father after her death that I have not been able to recover. My father refuses because assets were meant to go to her grandchildren and he fears his creditors will sieze any property in his name. She died in '03.

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Attorney answers (1)

Reputation Level 10
You need to see an attorney as soon as possible before your father's dissipates your grandmother's entire estate. First, in most states, a person who is in the possession of a decedent's will has a minimal amount of time to file the will with the court of the county in which the decedent resided regardless of whether a probate case is started. Therefore, your father may be in violation of a legal duty to file your grandmother's will. Secondly, you and your attorney may consider the possibility of opening a probate case for your grandmother's estate so that the court can help you and your sisters find out answers to the following questions: (1) did your grandmother leave a valid will; (2) is your father the executor; and (3) is your father administering her estate in accordance with the terms of the will. Regarding your claim for rent against your father, that may be handled in the probate case also or you may have to sue him separately. In any event, you and your sisters need the help of the court and therefore, need to consult an attorney immediately.

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