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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 26995
Experience:  Estate Law Expert
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there are some concerns about the handling of my friends estate

Resolved Question:

there are some concerns about the handling of my friends estate these were presented to the estate lawyer and the administrator who is her half brother. the concerns were ignored. how can she submit an official report to the court? Also if she decides to get a lawyer other than the estate lawyer, will that lawyer be paid through the estate if the concerns prove to be valid.
There was a large sum of money passed to the administrator personally outside of the estate. there is considerable evidence that her mother was impaired at the time. Is this something that the estate lawyer is supposed to investigate ??.
Is there a specfic format for making a complaint to the court, is there acertian form to be used.
Thanks
Submitted: 1 year ago.
Category: Estate Law
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

JD 1992 :

She cant submit a report. She can represent herself in the probate matter and address the issues but she needs to think carefully about whether she wants to do this because she is held to the same standard as an attorney and probate law is extremely complex.

JD 1992 :

If she wins on the contested issues, whatever they are, then that would normally means the attorney's fees would be reimbursed by the estate. This would be another reason for hiring an attorney because if she fails in her attempts then she could be liable for the attorney's fees for the other side.

JD 1992 :

I assume by "the estate lawyer" you are referring to the lawyer hired to probate the estate.

JD 1992 :

If so, then they don't investigate anything and don't owe a duty to anyone except the administrator and the court. It is rare that they would meet with the heirs or interact with them.

JD 1992 :

They also don't have a duty to investigate.

Customer:

let me be more specific.. question: what is the procedure for a heir to notify the Court that the Administrator is not qualified , he is on disability for bipolar has been in a mental hospital 8 times has been a pothead all his life. The deceased was a diagnosed chronic alcoholic, he took over her care and supplied her with alcohol and marijuana, coerced her into making making him beneficiary of most of her liquid assets, is making under the table deals with estate property on and on. the heirs are afraid that if they open a case against him that they wiil have to pay what they have left to the lawyer. If the estate Lawyer is supervised by the court , how can the Court, surely the other heirs have some place to make an objecting without risking all that they own. Again is there a specific procedure for submitting this to the Clerk of Court they are not ready to open a lawsuit if it can be handled other wise. By the way I am a licensed Mater Electrician, when I am asked question about electrical problems I always advise them to call a licensed Electrician, i understand your Answer, but she cant do that right now, she has no Money and she is afraid a lawyer will take the small amount that she might get after her brother is finished stealing from the estate. TX

JD 1992 :

She would have to file a Motion to Disqualify/Remove Administrator or an Objection to Administrator if the administrator has already been appointed.

JD 1992 :

There is no other way to do it other than through the court system and there aren't any forms that I am aware of online for this.

JD 1992 :

It happens so rarely that forms just haven't been developed yet.

Customer:

Thanks

Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 26995
Experience: Estate Law Expert
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