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What happens next in probate court?

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. This is a question you need to ask your attorney. You attorney needs to file a petition in probate court -- not merely write letters.

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  2. 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.

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  3. 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 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.

  4. 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 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.

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