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Question for the Money Doctors

Question submitted on May 6, 2014.

Question

My mom Mabel Goehner died in Nov of 2005, she had some stocks (Met Life Inc-Common PV 0.01) C that were never reported.Which went into probate. Me and my sister who was mom;s power of attorney,was never able to recover the unclamed dividends valued at around $11,000 or less. We (Robert Goehner and my sister Deborah Goehner are trying to recover the net amount value of the stocks between both of us. we've had little sucess of having that done. we.ve sent in all the legal documents .what is the next step to go through. go to the miami dade courthouse and file

Answer

You should consult with an attorney to help you to resolve this situation.  In your question, you mention a probate.  If a probate was conducted, you may need the executor to re-open this estate.  Although your sister was your mother's power of attorney, that won't help you to take care of this matter since her authority under the power of attorney would have ceased when your mother passed away.  An attorney may be able to tell you if there is some expedited procedure to help you clear this up without the need to re-open the estate.  If you don't have an attorney that you normally use, you may wish to contact the attorney referral service of the local bar association to see if there is an attorney practicing near you that is accepting matters of this sort.  Even in a simple probate administration, it's usually wise to retain an attorney to assist the executor or personal representative.  Many legal issues can arise in a simple estate (and it sounds as though your case may not be so simple) which will be unfamiliar to non-attorneys.  Although the cost of the attorney will reduce the amount that you and your sister ultimately receive, at least if it is handled professionally, you will have the peace of mind of knowing that it was handled correctly. 


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