What to do if my uncle passed away and a cousin had power of attorney and says he had nothing but I know this is not true?

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What to do if my uncle passed away and a cousin had power of attorney and says he had nothing but I know this is not true?

My uncle told me that he had to file taxes on $1,000 interest earned on savings. I am joint with her on his Will, which she now says she can’t find. What can I do?

Asked on September 3, 2012 under Estate Planning, Michigan

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 9 years ago | Contributor

Do you have a copy of your uncle's will?  That would help but is not absolutely necessary.  You should consult a probate and estate lawyer in your area.  If you know the lawyer who drafted the will, you should contact him or her since they probably have a copy of the will (they might have the original).

Because you were named as a beneficiary in a will, you probably have the right to file a petition and open an estate on behalf of your uncle.  You would have that right in Florida.  This will force your cousin to disclose your uncle's assets and produce the will. 

Not having the original or a copy of the will makes probate more difficult.  However, it does not mean all is lost and I encourage you to consult a lawyer.


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