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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 36994
Experience:  Texas lawyer for 30 years in Estate law
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My father died almost exactly a year ago. I am the court

Customer Question

My father died almost exactly a year ago. I am the court designated personal representative of the estate. My father died one week after a motor vehicle accident, causing serious damage to the car. The body shop has now had the car for OVER A YEAR! It
is still not fixed. I want to site the body shop for the value of the car, and he can keep it because I don't trust his work at this point anyway. Can I name my brother, who lives an hour and a half from the body shop, to be the representative of the estate
for the purposes of this litigation so that I don't have to travel from the states away? What would he need to bring to court? A notarized letter stating he can represent the estate in these matters? It will be a law suit for over $30,000.
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

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.

Expert:  RayAnswers replied 1 year ago.

I am sorry for your loss of father. Hope you have a great labor day weekend.

Customer: replied 1 year ago.
I as executor can hire a lawyer to represent the estate? You said I would only have to appear at trial? What does this mean? Any time the defendant representing his business is in front of a judge? If so, it seems it would just be easier to represent the estate myself since I'll have to be there any way. The case seems pretty simple. It shouldn't take a year to fix a car.
Expert:  RayAnswers replied 1 year ago.

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.

Thanks again.

Expert:  RayAnswers replied 1 year ago.

If you can leave a positive rating it is always much appreciated.Thanks again.

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