If my dad died in one state but was a resident of another state, what state would have jurisdiction regarding a theft from his estate?

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If my dad died in one state but was a resident of another state, what state would have jurisdiction regarding a theft from his estate?

My stepmother took $41,750 out of her bank account (my dad’s mom). My grandma is a resident of the state state that my father was. Which state would have jurisdiction over this case?

Asked on June 5, 2013 under Estate Planning, Minnesota

Answers:

Tricia Dwyer / Tricia Dwyer Esq & Associates PLLC

Answered 10 years ago | Contributor

Hello. Your question is somewhat unclear. This website provides general information and not legal  advice, which you clearly need. You should contact a private attorney who will provide you with a legal opinon and legal advice. Oftentimes in a situation as you describe there would be more than one jurisdiction involved. You ought to act with no delay in seeking legal counsel because statutes of limitation apply, rigid deadlines for initiating legal action. Some attorneys, myself included, are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys, myself included, will provide a reduced fee for financial hardship. Some attorneys, myself included, may also assist you in limited scope manner to conserve legal costs. All the best.

Matthew Majeski / Majeski Law, LLC

Answered 10 years ago | Contributor

Whatever state his estate is probated in, which would be his state of residence.  I strongly suggest getting a formal probate proceeding started and motion the court to prevent stepmother from spending or hiding any of that money.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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