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My brother has power over the estate. Im in recivership of…

My brother has power over...
My brother has power over the estate. I'm in recivership of property and would like to eventualy take complete control. He has often mentioned he would let me take complete control. What is the procedure for the above? Thanks in advance.
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Answered in 2 minutes by:
6/29/2010
Daniel P.
Daniel P., Attorney
Category: Estate Law
Satisfied Customers: 2,742
Experience: I have my own practice in Sarasota, FL- Estate Planning, Medicaid & VA law, Probate & Family Law
Verified

Thank you for entrusting me with your legal issue. I will work diligently and quickly to answer your questions. I look forward to assisting you.

 

When you say your brother has power over the estate, do you meant that your brother was named as the executor of the probate estate after your mom passed away? Or is your mom still living and he has Power of Attorney over her. Just need some clarification as to the history here.

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Customer reply replied 8 years ago

Yes my brother was named as the executor of the estate after mom passed away.

If your brother would like to step down and have you appointed as executor then he would have to file a "declination of right to serve as executor" and request that you be appointed as executor.

 

Here is an example of a form that can be used:

 

http://www.formsworkflow.com/d36459.aspx

Daniel P.
Daniel P., Attorney
Category: Estate Law
Satisfied Customers: 2,742
Experience: I have my own practice in Sarasota, FL- Estate Planning, Medicaid & VA law, Probate & Family Law
Verified
Daniel P. and 87 other Estate Law Specialists are ready to help you
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Customer reply replied 8 years ago
Please e-mail all information you have researched and thanks for the fast return.

Unfortunately we are unable to send e-mails from this site. When you provide an email address it will be deleted prior to me receiving your message.

 

However, all the information is in this threat.

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Daniel P.
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