Estate Law Questions? Ask an Estate Lawyer.
You made a serious mistake when you signed to release the bond. That was at least some protection. Now the 63,000 is his to do as he pleases. I hope you realize now that "trust him" is not going to work. He is going to use up all of the money and you and your sister will get nothing. I know from personal experience. One of you needs to go to the probate court and file to open probate on both parents. Take an original of the death certificates and your birth certificate.
You need to keep him from being appointed as the personal representative so one of you can take charge of the estates. Otherwise you should reconcile yourself to not getting anything. The choice is yours.
The attorney was not your attorney and should not have given you that advice unless you were completely satisfied with the accounting provided by your brother. There is no excuse for your father's estate to not be in probate. Again, the choice is yours. You can rollover and accept whatever your brother does or you can take the necessary steps to protect your inheritance.
I have no idea what, if anything has been filed or why he is going to the courthouse. The person appointed by the probate court as the personal representative has the power to take control of the assets and to obtain financial records. Once the personal representative has control, he can delay everything for many years and use up any money in the estate.
The executor and personal representative are the same. The probate court appoints the personal representative. You said the will had not been probated so there can be no personal representative. The personal representative is the person appointed by the court to take possession of the estate. He or she is the only one with any legal authority.
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