Will not probated ... what does one do?

[R_J_Hansson]

My mother died 8/2001; she had a will but it was not probated; siblings with a history of stealing things, one of whom had a power of attorney (limited), apparently divided the estate amongst themselves! Any remedy (ies) available?

 

[lwpat]

Check with the probate court. If the estate was not probated you may be able to start probate and have yourself named executor. Then you can demand an accounting. A power of attorney ceases at death so if anything was done afterwards then they are liable. If it was probated then why were you left out? The clerk can give you a copy of state law and explain the procedures and forms. Why have you waited so long? It may be too late under the statute of limitations.

However you are probably in for a long and costly battle so unless the estate was sizeable you may be better off to just forget it and your siblings. Obtaining records this old will be a challenge.