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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 36627
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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My mothers estate is still open after two years because we have not been able to mo

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My mother's estate is still open after two years because we have not been able to
move a mentally ill older brother who lives
in her home. He has OCD and hoarding issues in complex form. I make the house
payment as Personal Representative. Value
in house is less than loan. Our attorney wants to turn the house over to the bank and have them kick him out. We are against the action and want to extend probate another six months to move him.
Can the attorney do this against our will?
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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You have been formally appointed as Personal Representative (PR) correct?
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And the attorney is one that you have hired to assist with settling the estate?
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Thanks
Barrister
Customer: replied 3 years ago.

Yes - I am the court appointed PR and the attorney if one I have known for years as hired to take care of her estate.


 


Jan

Ok, very simply, the attorney works for you, not the other way around. So if you as PR don't want to let the bank repossess the house and evict brother, then the attorney couldn't legally take any actions that are against your wishes. He has a legal and fiduciary duty to basically do what you tell him, (within the confines of the law) even if he thinks that is not the best thing to so. He can object and quit, but he can't take actions that are in direct opposition to your directives.
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So if you want to keep the estate open so you can slowly convince brother to relocate, that is your option. The only entity that could force you under a deadline is the probate court judge and it would be very rare for a probate judge to take enough of an interest to take action like that.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Barrister and other Estate Law Specialists are ready to help you
Customer: replied 3 years ago.

Not at this time. I meet with the attorney tomorrow and now how to respond.


 


Thank you


 


Jan

I would just politely but firmly tell the attorney that you felt that this was best for the family and what your mother would want so this is how you are going to proceed. Then you can continue to gently try to convince brother to move to a new location.
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Thanks
Barrister