What happens next in probate court?

Attorney answers (4)

1. Licensed in CA

   

   Michael DaymudePro

   Sherman Oaks Probate Attorney

   Contributor Level 20

   

   EmailVisit website

   2

   Lawyers agree

   1

   Helpful vote

   Answered October 08, 2012 03:50. This is a question you need to ask your attorney. You attorney needs to file a petition in probate court -- not merely write letters.

   I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... moreI am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference less

   • Mark as helpful
   • 2 comments
   • Flag
2. Licensed in CA

   

   John Noah Kitta

   Fremont Divorce / Separation Lawyer

   Contributor Level 17

   1

   Lawyer agrees

   1

   Helpful vote

   Answered October 08, 2012 17:10. You need to file a motion and have your brother replaced as Administrator of the Estate. If you have proof of his illegal conduct I would also file a police report. Nothing outside of the courtroom will provide you any effective relief.

   This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client... moreThis participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service. less

   • Mark as helpful
   • Flag
3. 

   James Frederick

   Livonia Probate Attorney

   Contributor Level 20

   2

   Lawyers agree

   1

   Helpful vote

   Answered October 08, 2012 19:13. This is something you need to address with your lawyer. Lawyers are ethically prevented from advising you when you are already represented by counsel.
   
   James Frederick

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

   • Mark as helpful
   • Flag
4. 

   John Tomlinson

   Loganville Probate Attorney

   Contributor Level 6

   1

   Lawyer agrees

   1

   Helpful vote

   Answered October 09, 2012 16:07. This is a question for your attorney. You should be able to speak with him, or at least his assistant, regarding what to expect next and when. They are the best source for this information since they know all of the relevant facts of your case.

   This answer is intended only to provide general information in response to your question and is by no means legal... moreThis answer is intended only to provide general information in response to your question and is by no means legal advice. No attorney-client relationship has been created by this answer. Any information presented is not warranted to be error free and should not be relied upon as legal advice. You should consult an attorney in order to obtain legal advice for your situation. less

   • Mark as helpful
   • 2 comments
   • Flag