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My friends father died, the property was in the will to be split 3 ways. One died. The brother was named executor. For 5 years

Houston, TX |

he has not done anything, including paying taxes. The brother 's house and business were about to go into bankruptcy. Now, all of a sudden he has a new truck, and so does my friends mom. On the property is a notice from a mortgage company saying not to trespass, or enter. Something fishy is going on and my friend just wants to fix up the property, sell it, and get her share. Supposedly, the brother has now lost his position as executor. My friend needs help. She is getting ripped off. What has the brother done with the property? She is on the will. Who can she contact? What can she do? She has no money. Thank you, JA

Attorney Answers 3


  1. Is there an estate open? Was there EVER an estate open? If so, there is a file with a whole lot of information that you need to get to a lawyer as soon as possible. You do not have enough information, (at least not in your summary), to be able to give you much guidance. It sounds like the court may have caught up with the executor, and the estate may have lost the property. You need to investigate further and try to determine what is going on.

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.


  2. This sounds like it could potentially be a very difficult situation. I would recommend your friend do what Mr. Frederick suggests and go to the probate court in the county where the father lived to find out if a probate estate was opened.

    It is important that your friend contact a probate attorney as soon as possible to find out what options he/she has given the circumstances.

    If money is an issue, your friend may be able to get assistance from a legal aid organization.

    Good luck.

    This answer is in response to a general legal question and is intended for informational purposes only. It does not constitute legal advice. Use of this website and its e-mail link does not create an attorney-client relationship with Attorney Mekdsy. Messages with confidential information should not be sent to Attorney Mekdsy via the e-mail link. The information provided in this answer must not be used as a substitute for consulting with an attorney. Brian Mekdsy is licensed to practice law in the Commonwealth of Massachusetts only.


  3. Good advice so far. But, the reality is that even if your friend determines that there is a probate pending in court and even if she inspects that file and reads every document in it, she is not going to be able to actually "do" anything without the help of an experienced probate lawyer and one that is experienced in probate litigation. If the assets are significant enough these lawyers will consider working on a contingent fee basis (a percentage of the value of the estate). Your friend might be able to become the "administrator with Will annexed" for the estate. In that case her legal fees would be paid out of the estate assets. On the other hand, it may be too late to preserve the assets if the house has been foreclosed on, which is what it sounds like.

    DISCLAIMER: This is not specific legal advice and does not establish an attorney/client relationship.

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