It is not easy to remove a personal representative, but his job is not to make more investments with the estate and take those kinds of risks. He owes a fiduciary duty to the heirs and has the obligation of observing the dictates of the will. You should seek the advice of counsel to help you resolve the matter, and the sooner the better. Good luck!
My collegues all make good points, and the best one is to suggest that you consult with competent bankruptcy counsel. There are a lot of missing facts in your post, and bankruptcy is complicated and will affect you for a long time. Hire somene that comments here on Avvo, and you'll be fine. Good luck!
You do need to consult with bankruptcy counsel before you part with your money. You may be able to claim an exemption in the cash proceeds, but payments to "insiders" within one year of filing can be set aside by the trustee, and payments to unsecured creditors can be set aside within 90 days of filing. Those are called "preferential transfers", and you should to talk to counsel and make the best decisions you can under the circumstances. Good luck!
It appears that your income is exempt, but that does not mean that your bank account cannot be garnished. If the creditor gets a judgment then it can garnish your bank account and then you would have to go in and prove your exemption. In the meantime your bank account will be frozen, and you will have additional expenses. You should consult with bankrutptcy counsel right away. Good luck!
The law requires that anyone knowing of a will is to "lodge" the will with the probate court in the county in which she lived at the time of her death. Although a probate of this nature is relatively simple, you will be better off to have the assistance of counsel. Before you go too far, though, you should confirm that there is equity still in the home despite the reverse mortgagge. That obligation will have to be retired with the proceeds of any sale. The costs of a probate of this nature...
I think a lawyer will need to have a lot more information that what you have provided before he or she would agree to handle the matter on a contingency. There does seem to be some important issues to resolve here, but you need to seek the advice of counsel. It also seems that time is not on your side, so you should waste no more time wondering what to do. Good luck!
I agree with my collegues that a guardianship will likely revoke your power of attorney, but that guardianship and conservatorship are really two different things. If you have been doing the primary caretaking, and your brother is pushing, then perhaps it is time to handle the matters formally through the probate court. It sounds like you have nothing to fear except costs that could have been avoided had your brother behaved. In a dispute like this the court will likely appoint a guardian-...
The Colorado Probate Code's "judicial toolbox" gives a court a lot of ways to deal with a misbehaving PR. I would not lightly take this up, but if you can prove your allegations, it is possible to get a PR removed. You will need the assistance of competent counsel to get that done, though. Good luck!