Brother was administrator with full authority. then transferred title from "estate of" to his name (illegal?).Then obtained

Based upon the facts you have provided here, I am presuming that this case involves an intestate (without a Will) estate currently in Probate. But, whether its an intestate Probate, one based upon a Will or on a Trust, the answer would be the same. Also based on your facts, your brothers actions as estate administrator, appears to be not only illegal, but also a heinous breach of his fiduciary duties owed to the estate beneficiaries and the estate itself. It is your brother, not the estate attorney, who owes this fiduciary to you and any other beneficiaries. It is your brother who had the authority to act on behalf of the estate. Your brother is the one who unlawfully transferred the property to his name and obtained a loan under false pretenses. There is nothing in your facts here to indicate any wrongdoing on the attorney's part. Simply because the attorney is the attorney of record in the Probate is an insufficient basis by which to bring a lawsuit against him or her.

If the Probate Court has not already ordered your brother's removal as administrator, a Petition to remove your brother should be filed immediately. You may not be able to resolve this completely in Probate Court. I would strongly advise you to speak with an attorney versed in representing creditors in bankruptcy. Since your brother's wrongful acts resulted in loss to the estate, the estate could be a creditor in your brother's bankruptcy. Your brother's actions with respect to the estate's real property and the obtaining of his loan were an illegal conversion. Because of this and because his actions appear to be intentional, he may be prevented from discharging the home loan in bankruptcy. A bankruptcy attorney should be able to advise on this foreclosure issue, as well.
I hope this helps you.

Ms. Meagher-Leonard's advice is correct and you should act ASAP in regard to her recommendation. However, you did not say whether the fiduciary bond was waived (either in the will or by the beneficiaries in the probates proceeding). If it was not waived, the court would have required the administrator/executor to post a bond which now would be available to the injured beneficiaries.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship

I agree with both of my fellow attorneys. I just hope there are assets left for you to recover. You need to hire counsel immediately to determine what can be done in this messy situation. Best of luck to you.

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