Legal Question in Wills and Trusts in Florida
Statement of Claim?
When my father died, he left stocks to my brother and I. They were in an ''and'' account. My brother received all info regarding them. My brother passed away De. 3, 2006. Since his death, I have discovered that he cashed in the stocks, without my knowlwedge, forging my signature and having the money wired into his bank account. No will was supposedly found by his son, so he gets everything after probate. Am I entitled to my portion of the stock money and am I allowed to enter a Statement of Claim? If so, how do I go about that?
3 Answers from Attorneys
Re: Statement of Claim?
You should get a lawyer for this one.
Re: Statement of Claim?
You have to file a claim against the estate. If the estate objects to your claim you will have to bring a law suit to enforce you claim. I believe you could get a claim form off the internet, but I would suggest you seek the help of an attorney.
Re: Statement of Claim?
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Based on the information you have provided, I would say "Yes". You should definitely file a claim against the estate. Realize that by doing so, you will ruin any relationship you have with your nephew.
A challange to an estate will often get quite nasty. If and when your nephew objects to your claim, a lawsuit must be filed to contest the probate. You will need a qualified attorney to represent you on this matter.
Scott R. Jay, Esq.
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