What can be done when an "executor" of a will, selfishly gathers all the assets for themself and lies about policies, accounts,

Asked almost 2 years ago - Orlando, FL

When it has been willed for the home of the deseased to be sold, however the executor choses to secretly rent out the home and keep all the proceeds to herself because the other three people included in the will, live out of state and states that the deseased had a lot less money in their accounts than actually existed, what can we do do disclose her criminal behavior. I am indigent and my brother is mentally ill. We have been taken advantage of by our neice whom my father had raised and trusted, only to betray his confidence. Can we retain an attorney on a "contingency"basis?

Attorney answers (3)

  1. Marian Audrey Lindquist

    Contributor Level 17


    Lawyers agree

    Answered . There is no prohibition against an attorney taking these types of cases on a contingency fee basis; however, you would need to find such an attorney. I have taught at a seminar where another attorney spoke. He is an excellent attorney but said that he never takes a contested probate on a contingency fee basis unless he believes his contingency fee is going to be substantial. There is a lot of work involved. Good luck.

    The contents of this answer should be considered friendly advice, not legal advice and the answer should not be... more
  2. Jeramie J. Fortenberry

    Contributor Level 12


    Lawyers agree

    Answered . I can't speak to the merits of the case without reviewing the file, but I can tell you that most attorneys don't handle cases like this on a contingency basis unless (a) they believe you have a solid claim and (b) an inventory has been filed to show some indication of the value of the case. When it comes to probate matters, contingency cases are the exception, not the rule (at least in my experience).

    Don't take anything written here as legal advice.I am happy to offer my thoughts free of charge, and I would... more
  3. James P. Frederick

    Contributor Level 20


    Lawyers agree

    Answered . I agree with my colleagues. You have a lot of red flags and serious concerns. However, the biggest challenge you face is that you need a great deal of evidence to prove your case. This is going to require a very good attorney, as well, because you cannot do this on your own. I would gather all of the evidence that you have and at least meet with an attorney to discuss this in more detail. The attorney should be able to give you a much better idea of the strengths and weaknesses of your case and whether or not it is worth pursuing.

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and... more

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