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Good evening,I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I am a GA licensed attorney.
Because you are only a contingent beneficiary of your mother's estate and because she is still alive, it must be your mother---or more precisely, you mother by and through you as her guardian ad litem, who would sue your brother for the theft to recover the stolen money.
As you may not represent your mother in court---despite the fact that you are her legal guardian, you will need to retain a local attorney---think elder law attorney---to assist the two of you. I wish you success!
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.I wish you and yours the best in 2015,Doug
Thank you for the clarification. I am very sorry for your loss.
It is your mother's estate that will have to sue your brother---and that means that you will have to open probate if that has not yet been done, and get the court's permission for you to act on behalf of the estate.
Once you have been appointed as the administrator of the estate you may move forward with the lawsuit through legal counsel.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.Kindly, remember to rate my service to you. That is how I am credited for assisting you.I wish you and yours the best in 2015,Doug