Estate Law Questions? Ask an Estate Lawyer.
Hi and welcome to JA. I am Ray and will be the expert helping you today.The estate and the executor brings the suit here.Unless you want to give up being executor here to the brother the executor has to be the person representing the estate.If you use a lawyer here to file the suit you would likely only have to appear at trial.
You cannot delegate only this duty, you can withdraw as executor and have brother appointed in your stead.You have to decide if you want to do this or use a lawyer and travel when needed for a hearing on your suit. This would require approval of probate court if you want brother to be appointed as executor.
I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.
I am sorry for your loss of father. Hope you have a great labor day weekend.
You can hire a lawyer to represent the estate.At the actual hearing you would appear with the lawyer as executor.You can also try to resolve the suit here as executor, maybe you can settle at some point.
You also have right to appear and represent the estate here without a lawyer.Thats your call whether to do so or not.
If you can leave a positive rating it is always much appreciated.Thanks again.