Probate final dispersement of assets?
My father passed away,there was no will,so estate went into probate court .there was a final dispersement of assets.but I found no recourd in court file the the probate was closed.Is the final dispersement of assets considered in court that the case is closed?because my family has found other assets that where not disclosed and also conflicting numbers on spread sheet recorded in court file with no supporting documents to substanciate the figures ?
Answers:
Just because it's closed doesn't mean it can't be re-opened and your newly found assets are a perfect reason. Also, there's a document missing from that probate file. An inventory (like an accounting) should have been filed that shows all assets and liabilities of the estate and how they were resolved. As a previous answerer noted, your father died intestate, but that does not affect the way a probate is done procedurally and this one was not done correctly. I wouldn't feel so sure about this since I'm not a Florida attorney, but both Florida and my state follow the Uniform Probate Code, so the probate process is the same in Florida as the probates I do as an attorney in my state.
Your answers is really going to depend on the laws of your state. For example, in Florida, if you die without a will, you are said to have died "intestate" and the probate court will appoint someone as personal representative to handle the estate. If you cannot find an order closing the probate and releasing the personal representative, it may just be sitting there in limbo. You can continue it, though a new probate judge may be assigned to handle it. But even if it is closed, you ought to be able to get the probate reopened based on these new assets that you have found.
These additional assets and discrepencies can be brought before the court for resolution.
Probate is generally considered closed with a final distribution -- but the court retains jurisdiction for just this kind of situation.
Find a local estate attorney and ask them. They will know the state laws and regulations. You'll have to pay them, but at least you'll know you have the right answers.
Contact your lawyer immediately and give them this additional information, the case can be re-opened to include these new assets
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