Civil action to determine beneficiary

Probate will be required to transfer prpperty to heirs. Small estate procedure available if gross estate value less that $75,000. Review facts...

What procedures and documentations are needed to proceed in naming a power of attorney in order to administer her small estate?

If aunt has legal capacity, she may appoint an agent by executing POA. I aunt does not have legal capacity, you will need to petition to be...

Maybe. No facts provided which support such actions.

Are there laws/case law that allow the guardian or court to sanction the felon brother?

No. guardian may not sanction felon brother. Yes. Court may punish felon brother for acts not in interest of ward. You may file petition with...

Probate...

Maybe. You may/not have interest in mothers estate. impossible to opine without more information. Do not sign anything you do not understand. ...

A creditor has filed a claim against my mother's estate even though there is no open probate

No. You do not need to respond to invalid claim. Technical defects do not make claim invalid. Creditor may amend to correct defects. You may...

Can I have the estate lawyer removed since I have explained to him my aunt was stealing from my grandfather while she was poa.

If you are beneficiary, you may petition for some or all of following: -have aunt removed as executor; -order aunt to account; -surcharge...

Yes. You may present Affidavit of heirship to issuing bank and request re-iisue to heirs.

In your hypothetical, the excess proceeds equal $300,000. Life estate portion of proceeds equals present value of expected life estate owner...

How should she go about doing that? Can she get it without her sisters consent ? What would be a ballpark figure for cost?

Missing person report may be filed with law enforcement.