How can I find out if my father left my siblings and I money before he passed away?

I don’t know if he left the Will in writing or he just had cash put away. I was wondering if there was any way that I can prove that he left me the money because my older brother said that my dad left me around $7,000 and another $3,000 for a car. I don’t know if there was any paper work but I do have witnesses that know that he did in fact leave me money. My older brother has the funds and does not want to give them to me. I don’t know if he spent the funds or if he just wants to keep it for himself. Please let me know if there is any action I can take against him. My dad died 6 months ago and I still have yet to receive anything he left for me.

Asked on November 16, 2014 under Estate Planning, Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry for your loss and for the issues that have arisen.  Has your brother probated your Father's estate by filing the Will or proceeding as if he had no will (Called intestate)?  Then the proceeding is open to the public and you can view the court file.  You should have been given notice regardless and it sounds as if you were not.  If your Dad dies with out a Will you and your siblings share equally in his estate.  I would consider hiring an attorney on a consultation basis to help you here.  Good luck.

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