Estate Law Questions? Ask an Estate Lawyer.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.
Was brother married and did he have any children?
Did brother have a will when he passed (that you know of)?
Do you know where in the process mother's estate is?
Do you know if he filed the quitclaim disclaimer with the court?
Ok, this is your best option as I see it now.. Since he has already started the process without the will, then you can now admit mother's will to probate which would essentially allow you to step into the role of executor and void out any waiver that had been filed with the court as a product of mistake or fraud.
Then you can continue on with settling mother's estate. You are under no obligation to continue with the attorney on the case now if you dont' trust him and are free to retain another one. But if brother was left anything in mother's will, then you would still have to file a probate case to settle his estate and as his only heir, you would receive his entire estate as well.
You are very welcome. Happy to help any time.
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My brothers Lawyer is asking for $4200 to finish the old estate and probate his estate. Couldn't I just finish his estate and do the Petition for Ancillary Summary Administration for his estate?
Unfortunately probably not. FL is one of a few states that mandates that an attorney be involved in the probate process as they consider it practice of law.. According to Rule 5.030 of the Florida Probate Rules, a personal representative must be represented by an attorney admitted to practice in Florida unless the personal representative remains the sole interested person. An "interested person" is any person who may reasonably be expected to be affected by the outcome of the proceeding. A personal representative who is an attorney admitted to practice in Florida may represent himself or herself.
So you are going to have to have some attorney involved in the case by law unless you can convince a judge that you are the only interested party, which will be kind of tough since brother's estate is also an "interested party"..