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I am from, my brother is robbing my mothers estate..all

Customer Question
I am from virginia ...

I am from virginia

Lawyer's Assistant: What documents or supporting evidence do you have?

My brother is robbing my mothers estate..all paperwork to prove all he has took

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

What forms do i need to petition the court for removal? leaving thestate of probate estate? and draining all that was in estate bank account into his personal account

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

Va

Submitted: 11 months ago.Category: Estate Law
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Answered in 2 minutes by:
9/16/2017
Estate Lawyer: Jessica B,
 replied 11 months ago
Jessica B
Category: Estate Law
Satisfied Customers: 1,831
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified

Hello. My name is ***** ***** I am a licensed estate attorney. I hope I may be of assistance with your issue. The first step is to send a letter to your brother demanding an accounting of the estate along with copies of any and all estate bank accounts. Give him a 14 day deadline. Send the letter certified, so that you have a receipt that your brother received the letter.

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Estate Lawyer: Jessica B,
 replied 11 months ago

After the 14 days has gone by, then you will want to file a Motion to Compel an Accounting. You will want to attach a copy of the letter and a copy of the certified receipt to the Motion as an exhibit. Basically you are requesting the judge to order your brother to file an accounting or be held in contempt of court.

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Estate Lawyer: Jessica B,
 replied 11 months ago

Now your brother will either violate the judge's order to file an accounting with copies of all bank statements, and therefore be removed as the executor.

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Estate Lawyer: Jessica B,
 replied 11 months ago

If he does file an accounting that should flush out that he has been stealing from the estate. At that point you will want to file a Petition to Remove the Executor and Surcharge.

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Estate Lawyer: Jessica B,
 replied 11 months ago

Please let me know if you have any questions or need clarification of the information provided. Also please remember to rate my answer. Thank you!

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Estate Lawyer: Jessica B,
 replied 11 months ago

It's been a few days and I have not heard back from you. I wanted to follow up and see if this information was helpful and if you have an additional question.

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Estate Lawyer: Jessica B,
 replied 10 months ago

Do you need any clarification of the information provided?

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