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Ray, Lawyer
Category: Legal
Satisfied Customers: 42835
Experience:  30 years in civil, probate, real estate, elder law
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I am a co-administrator (Two Sisters and Me) large Estate

Customer Question

I am a co-administrator (Two Sisters and Me) for a large Estate (Probate) It is nearly done, but I found out half way through our Estate Attorney, who was recommended by my Sisters Husband (a Retired Tenants Right Attorney) not only recommended our Estate Attorney but is also Personal Friends with him and the two of them have caused harm to the Estate via manipulation, coercion, Delays, more Fees, etc.
The Estate Attorney never provided a written disclosure of the relationship as required by Law. I recently told my two sisters I resign and I am using all the evidence I have in phone and emails now as leverage to get have them get the process completed as quickly as possible. I am thinking of going to the hearing for initial distribution and provided my evidence to the Judge.
Is that a good idea?
What else can I do?
Submitted: 2 years ago.
Category: Legal
Expert:  Ray replied 2 years ago.
Hi and welcome to JA. I am Ray and will be the expert helping you today.
You certainly have the right here to write the judge in advance and raise these issues and ask for an accounting and repayment of any misspent funds.
You can also appear at the hearing again setting out these issues and ask the court to address them.These go to the very issues for both the lawyer and the sister here of breaches of fiduciary duties toward you and the estate.There may be conflicts of interest, self dealing, and other issues you are aware of.
Again doing this ahead of time puts judge on notice and may give him more time to know that there are serious allegations of misuse of funds, self dealing, conflicts, etc.Never underestimate the power of a well written letter and any attachments you might have.
This is a great idea to raise the issues both in writing and in person.The court can remove the other administrator, require an accounting, and adjust any disbursements based on these issues.
I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.