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Probate: How to find information about deceased if you suspect fraud from executor?

New York, NY |

My sister is the executor of the state of my father's estate. the house only four months on the market went for 157,000 the worth twice that. The lawyer knows nothing of my father's investments. We My brother and I seen him, 2/15/13, I asked the lawyer, if I could use his firm to get the information,he said yes. I am suspecting fraud on my sister part. I don't think she gave the lawyer everything he needed for this probate of estate. We (siblings) now want to investigate my sister. I am trying to uncover as much as possible. legwork is hard. but we want to see what we can uncover before going to a professional. although, the rest of my siblings think the lawyer is in on it. I think he just know more than what he put on. just enough to cover his tracks. Case is in Mont. Co PA.

Attorney Answers 2


  1. You need your own lawyer. The lawyer for the estate represents the Personal Rep as fiduciary. If you think the fiduciary has breached his or her duty, then you need to hire your own lawyer to flush that out and take action. The PR"s lawyer will not help you do this and only may have a duty to disclose bad things along these lines in extreme circumstances, and that would be to the tribunal more so than to you, depending on the nuances of state ethics laws. Bottom line, hire your own lawyer for this.

    No legal representation exists by virtue of this answer. Consult your attorney. Licensed to practice law in Indiana and Illinois. Circular 230 Disclosure: any U.S. tax advice contained in this communication is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any matters addressed herein.


  2. I agree with Mr. Kalamaros that you should get your own lawyer to advise you on this matter.

    This posting is for informational purposes only. It is not legal advice, nor does it establish an attorney-client relationship. For more information, please visit www.justinelderlaw.com.

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