My mother passed Feb 2010, I was living and caring for her for the last 9+ years. I've paid all bills (with the exception of the 1st month) and home maintenance, paid and personally completed home improvement/remodeling in an effort to sell the house. The house finally sold/closed March 25, 2012. He lives in NH and did virtually nothing during this period. He will not return or account for items taken from her safe deposit box of which I have the inventory and receipts of jewelry stored as well as my personal papers related to birth/adoption, insurance etc... During the estate sale for which I again was solely responsible for organizing, took additional valuable items for his and his wifes personal use/gifting against my wishes and under protest. How do I file legal actions?
Given the fact scenario you describe, I believe it's in your best interest to hire an experienced probate litigator. Do not fight this battle yourself.
I agree with Mr. Hutchins -- you definitely need to consult with a probate litigator. Some may take your case on a contingent fee basis.
Not only do you have a right to a full accounting, but you also have a right to reimbursement for your out-of-pocket costs. In addition, you may have a claim against the estate for the value of your services. Since your brother may be busy wasting these assets, you need to move quickly to protect your interests.
E. Alexandra "Sasha" Golden is a Massachusetts lawyer. All answers are based on Massachusetts law. All answers are for educational purposes and no attorney-client relationship is formed by providing an answer to a question.
You need to get an attorney ASAP.
Do you want accurate, personalized, legal advice that you can rely on? You will have to hire an attorney, not ask on Avvo. I am not your attorney and am not creating an attorney-client relationship by this post. I am therefore giving only general advice. This advice may not apply to you or your situation; may not take account of all possibilities, and may not match the advice I would give to a client. DO NOT rely on this advice or any other advice on Avvo to make your legal decisions. If you want an answer to a legal question you should retain an attorney who is licensed in your state.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline