What happens next in probate court?

Asked almost 2 years ago - Oakland, CA

My brother is administrator of my mother's estate. I was not happy about it because I knew and had documented evidence he was receiving rent for several years, among also taking her luxury car as soon as she passed. He failed to mention both of these on the accounting statements, and has stolen about $100,000 from the estate. I retained an attorney and a few months ago my counsel sent his counsel a letter informing him of what his client failed to tell him and the courts. Now my brother is not contacting his legal counsel anymore and avoiding the situation. My counsel filed request for special notice 90 days ago, but what happens next?

Attorney answers (4)

  1. Michael Raymond Daymude

    Pro

    Contributor Level 20

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    Answered . 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... more
  2. John Noah Kitta

    Contributor Level 19

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    Lawyer agrees

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    Answered . 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... more
  3. James P. Frederick

    Contributor Level 20

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    Answered . 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
  4. John Andrew Tomlinson

    Contributor Level 10

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    Lawyer agrees

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    Answered . 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... more

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