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  1. #1
    Join Date
    Feb 2008
    Posts
    16

    Default Deceased's Caretaker Will Not Cooperate

    My question involves estate proceedings in the District of Columbia

    The last surviving sibling of 6 recently passed away. He lived on the East Coast and had a caretaker with a Power of Attorney. I live on the West Coast and I am the last living family member.

    The caretaker will not provide me with any details nor the attorney's contact info. They claim the attorney has stated that I am not an interested party. Although this may be true with respect to the deceased's property, there are other property matters resulting from the estates of the other siblings which may affect his estate.

    What is my obligation disclose that there may be more assets to the estate?
    What processes or mechanism are at my disposal to view the will and trust of the deceased?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Deceased's Caretaker Will Not Cooperate

    What business does the caretaker have doing anything in relation to the estate?

    Who are the deceased's legal heirs, if not you? Is there a will? Have you seen it?

  3. #3
    Join Date
    Feb 2008
    Posts
    16

    Default Re: Deceased's Caretaker Will Not Cooperate

    Quote Quoting aaron
    View Post
    What business does the caretaker have doing anything in relation to the estate?

    Who are the deceased's legal heirs, if not you? Is there a will? Have you seen it?
    The caretaker has a power of attorney to handle the deceased's affairs. There is a will which I have not seen. The caretaker claims I am not an "interested party" according to the estate attorney. I am planning to contact the attorney, but I'm trying to get an idea of what I should be asking them. I don't want to hire an attorney on my end unless absolutely necessary.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Deceased's Caretaker Will Not Cooperate

    The caretaker had power of attorney. That ended with the person died.

    Contact the probate court for the county in which the person died, to see if an estate has been opened. If you talk to the lawyer, request a copy of the will.

  5. #5
    Join Date
    Feb 2008
    Posts
    16

    Default Re: Deceased's Caretaker Will Not Cooperate

    Good to know. However, if there is a Trust and the caretaker is the custodian of that Trust do I have grounds to compel them to give us a copy?

    Also, going back to my original question: What's my obligation to disclose assets that the deceased may have inadvertently omitted from his estate/trust?

  6. #6

    Default Re: Deceased's Caretaker Will Not Cooperate

    You can contact the probate court on your own to see if probate has been opened. If you are a a lineal descendant of his grandparents, you are an "interested party" and have standing. Otherwise, they are correct.

  7. #7
    Join Date
    Feb 2008
    Posts
    16

    Default Re: Deceased's Caretaker Will Not Cooperate

    Quote Quoting lwpat
    View Post
    You can contact the probate court on your own to see if probate has been opened. If you are a a lineal descendant of his grandparents, you are an "interested party" and have standing. Otherwise, they are correct.
    Ok. I am an interested party. Thanks

  8. #8
    Join Date
    Mar 2008
    Posts
    176

    Default Re: Deceased's Caretaker Will Not Cooperate

    are you a lineal descendant? have you contacted the probate court? when did person pass away? how are you related to that person? are you sure you are the only person left from this family? how do you know if there is an estate or a trust? what is the relationship of the caretaker to the deceased?

  9. #9
    Join Date
    Mar 2008
    Posts
    176

    Default Re: Deceased's Caretaker Will Not Cooperate

    sorry did not realize you are a grand nephew. are your parents alive? did you have any AUNTS or Uncles, brothers or sisters, great aunts and uncles still alive?????? have you contacted the probate court, did they indicate who the executor is of the estate?

  10. #10
    Join Date
    Feb 2008
    Posts
    16

    Default Re: Deceased's Caretaker Will Not Cooperate

    I am the last remaining person in the family. My father, who was her nephew is deceased. Here's the lineage

    me
    |
    My Father (deceased)
    |
    My Paternal Grandmother (deceased) & The Deceased (My grandmother's brother)


    Probate has not been filed yet. I am trying to determine if I am eligible to file.

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