I have posted in my front window of my home that you ate being video taped. My brother said some things that prove that she is being bias as administrator of our family property.
Your question is unclear. If it is not a telephone conversation or any confidential conversation that was being taped, you should be able to use it in court.
If your brother was actually aware he was being recorded, the recording could be admissible. But if he was talking about another person ("she"), the recording is hearsay and would be excluded.
I have to suggest that you are approaching this removal action in the wrong way. These cases require you to file a petition that is the basis for your removal demand. The majority of these cases are decided on the pleadings alone; evidentiary hearings allow live testimony but rarely if ever rely on video or audio recordings. You cannot hope to succeed in a probate action against the administrator unless you are represented by an attorney with experience in probate litigation. The court procedure is highly specialized and it's not for the uninitiated.
I am not your attorney. Avvo and its users acknowledge that no attorney-client relationship is established by using avvo.com. Nothing published in this website constitutes actual legal advice. You should consult with an attorney of your choice who has experience in your inquired field of law. If you are in California and have questions about estate planning, I'd be happy to receive your call.
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