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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3818
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Is it legal for one relative to sue another relative using

Resolved Question:

Is it legal for one relative to sue another relative using the unsettled estate money? And if so, where does one go to deal with this issue if one doesn't have the finances to hire another attorney. There is an attorney involved that is supposedly handling the estate. I am the eldest child who is asking and have not been consulted on any decisions...
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
When you say that they are using unsettled estate money, what are they using it for exactly?

Also, who is suing who and how did they get the money in the first place?
Customer: replied 1 year ago.

To pay an attorney to take a cousin to court -- to try to recover whatever monies that my brother thinks is missing.

Customer: replied 1 year ago.

My brother (who was "appointed" power of attorney by the attorney that my brother hired) is suing a cousin who had contact with my mother (this cousin is not listed on the will -- myself and my 3 children are).


 


My brother is in possession of accounts and credit cards and I do not know how this all evolved -- not sure that the will is "real" as he got a copy of it but I did not.

Expert:  Zachary replied 1 year ago.

Because he has been appointed the representative of the estate, he is allowed to sue for recovery of monies to the estate.

Customer: replied 1 year ago.

Even if he appointed himself -- my mother did not appoint him as they severed relations with each other over a year ago.

Expert:  Zachary replied 1 year ago.
As long as the appointment has been approved by the court then yes. Do you know that the appointment has been approved?
Customer: replied 1 year ago.

I have seen nothing other than a letter from the attorney that he hired stating that he was handling the estate and the divisional percentages that will be given to each person.


 


50% to brother


10% to myself, my two daughters and one son


 


It also stated that my brother was appointed at the time the will was filed.

Expert:  Zachary replied 1 year ago.
Thanks for your response.

Generally, when a party files the will to be probated, the will either names the person who is going to act as the executor, or the person filling will apply to be appointed the executor.

When a person is appointed the executor, or the personal representative of the estate, that allows them to sue others and to use the estate's money to do this.

If you believe that they are not handling the matter correctly, then you can contest their appointment as representative. However, I will warn you, that the lawyer who is acting for the estate is paid out of the estate's money. So any time you contest something, it reduces the amount of money in the estate because the lawyer gets paid from it.

The best thing to do in these circumstances (unless you are talking about millions of dollars) is to keep your disagreements to a minimum so that the estate may be settled quickly and thus the legal fees stay low.
Customer: replied 1 year ago.

Thank you so much -- you are right as there are not millions at stake and it is not worth anyone's sanity, especially mine. I guess I just needed to get what I already knew, on some level, straight in my heart -- again, thank you for your time and patience...Jeannie in MinneSNOWta

Expert:  Zachary replied 1 year ago.
Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
Zachary, Attorney
Category: Legal
Satisfied Customers: 3818
Experience: Lead trial/International commercial attorney licensed 11 yrs
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