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lwpat, Attorney at Law
Category: Estate Law
Satisfied Customers: 25387
Experience:  Attorney with experience in wills, estates and trusts
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Both my parents are deceased. My brother, who has a checkered

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Both my parents are deceased. My brother, who has a checkered past, is the executor of my father's will. My mother was the last parent to pass away (1/30/09) and my brother was her guardian. My father passed away 6/5/08. The will has not been probated. My brother's son and his family live in my parents house. They moved in to take care of my parents. They were paid $300.00/week, lived in the house rent-free and never paid any type of utilities. My brother to this day since my mother's passing has not even had a conversation with my sister and I about what is going on. There was $63,000.00 left in my parents bank account when we signed papers ot release my brother's bond for being guardian. Things are being done to the house and with money that we don't know where he is taking it from. What rights do myself and my sister have to make him accountable and do the right thing? We want the son out of the house. It's not his nor has he bought it.

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.




Customer: replied 8 years ago.
Do we have any legal claims to the estate in accordance with the will to have the nephew move out? The lawyer who handles the will and the guardianship told us we had to sign the paper to release the bond on my brother.

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.



Customer: replied 8 years ago.
Is there still time to intervene with this. Supposedly my broher told my sister today that he went to the courthouse to be released from the bond, but would have to go back maybe another 2 times. We don't know for what. He hasn't even made an inventory with what is in my parents house and what belongs to the estate. Will the papers you are speaking of for us to file give us the power to get the nephew out of the house? And should this be done before my father's will is probated?

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.



Customer: replied 8 years ago.
What is the difference in the executor of the will and a personal represenative of estate? My brother is named as the executor of the will. Once again, do we have any grounds to request the nephew move out of the house?

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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