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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118062
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My husband and his three siblings have been served papers (by

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My husband and his three siblings have been served papers (by Attorney of another sib.) to claim portion of family farm owned(in part) by a deceased parent--with no will in place. While parents alive (sib)had been DPOA. The said property is also owned by three living siblings of decedent. My husband tried in vain to bring family together to discuss without litigation. (Sib.) reports her parent wanted her to have the whole portion. We do not have financial means to pay for legal counsel at this time (3 kids in college!) what recourse do we have? Marg. A.
She will not get the whole farm if there is no will saying she gets the whole farm. Under probate law of intestate succession all of the descendants own an equal share and all of the siblings are now going to have to hire an attorney to defend this and share the cost AND if her claim is proven to be frivolous they would counter claim for her to pay their attorney's fees. Unfortunately, since she has now played this card, your husband and his siblings have no choice other than to get their own attorney to fight this one sibling and I understand costs are an issue, but legally that is his recourse since your husband cannot represent the other siblings that would be the unauthorized practice of law and this is why an attorney is now required.


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