I feel the need to intervene and try to get Executorship of my Dad's estate. I have one sibling, who was POA when Dad died last month. He says we share equally as heirs. He hasn't filed the Will, but has continued to write checks to his own business and take ATM withdrawals from Dad's checking account, which he has done regularly for many years (also writing checks to himself personally, and to his family). I'm concerned, now that my brother is aware he needs to be Court qualified to be Executor, that he'll go down to the courthouse and officiate his position. I don't believe he qualifies to fairly distribute Dad's assets.
I don't have a copy of the will. I've emailed my brother requesting a copy, but no reply.
Immediately hire a Probate Attorney. Your sibling may be doing things he is not allowed to do by law.
This post is not intended to create an attorney-client relationship, nor should the information contained therein be considered as legal advice. Each case is unique, and posters should seek independent counsel to handle their legal problems. This post is merely intended to be educational in nature. I am not your attorney, nor do I agree to appear in court for you by posting this information.
To probate the will you need the original unless it was lost. If your brother is named as the executor and you are attempting to qualify then you will need a waiver from him. If thirty days have passed then you can attempt to qualify without the waiver. Your brother cannot spend money out of the estate unless he is a joint tenant on the account in which case the account would not be part of the probate estate. You need to talk with a probate attorney to review yur situation and determine how to proceed.
My answer is for general information only and does not imply that any attorney-client relationship has been created.
It looks as if you've asked this before on this forum - the fact pattern is very similar to several other recent questions.
And each time the answer is hire a lawyer - the problem you describe is NOT a 'Do It Yourself' problem.
Answers provided are general in nature and usually based on Virginia law. If I answer something posted from another state I'm probably out on a limb. Reliance on any answer posted here is at the sole risk and responsibility of the user, and in no way creates or implies an attorney client relationship with the author, his firm, staff, family or even his dog. And isn't it silly that we have to cover our *(&%$ with disclaimers in case some fool wants to blame me when they screw up? Reading any answer means you agree with the above.
As others have said, speak with an attorney who can represent you. Power of attorney does not survive death.
This response is only general information and is not legal advice. It does not form an attorney-client relationship and should not be relied upon to take or refrain from taking any action. You should seek a qualified attorney before taking any action related to your inquiry.
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