Father had no will.Brother wanted to be in charge of fathers assetts. I agreed. Over 7 year period father would help me with rent money and so forth. Father saved all western union receipts. Added up to around $30,000. Brother wants to keep extra $30,000 for himself says I owe the money to the estate. Can he do this with out the judge making this decision?
Personal representatives of estate are often granted non-intervention powers, but other heirs have the right to challenge the proceedings by filing a petition pursuant to the Trust & Estate Dispute Resolution Act (TEDRA). http://app.leg.wa.gov/RCW/default.aspx?cite=11.96A. You should retain an attorney.
[In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.]
If a probate has never been administered in the Court, one can be opened by other family members. You can look by name under your county's Court records to see whether or a case has been filed. If you did not receive notice of that a case was opened in the Court to settle your father's estate, a TEDRA Petition can reopen the case and require an accounting by the person who administered the estate.
If a case was never opened in the Court, and your father had a surviving spouse, the surviving spouse can file a Petition to administer your father's estate. If the surviving spouse is unable or unwilling to serve, or if there isn's a surviving spouse, any child or children can petition the Court to determine heirship of your father's assets.
To qualify to serve as Administrator, the Court will require that the Administrator have good credit, no criminal history, and may also require the Administrator to post a bond.
Regarding the payments made by your father on your behalf, the Court may or may not count them as advances of your inheritance, depending on the evidence presented.
This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney client relationship with Ms. Haslam or Compassionate Legal Care, PLLC.
If an estate has been opened, you can file a Notice which requires you to be notified of certain things being done. See RCW 11.28.240 Request for special notice of proceedings in probate—Prohibitions. Some is provided below: (1) At any time after the issuance of letters testamentary or of administration or certificate of qualification upon the estate of any decedent, any person interested in the estate as an heir, devisee, distributee, legatee or creditor whose claim has been duly served and filed, or the lawyer for the heir, devisee, distributee, legatee, or creditor may serve upon the personal representative or upon the lawyer for the personal representative, and file with the clerk of the court wherein the administration of the estate is pending, a written request stating that the person desires special notice of any or all of the following named matters, steps or proceedings in the administration of the estate, to wit:
(a) Filing of petitions for sales, leases, exchanges or mortgages of any property of the estate.
(b) Petitions for any order of solvency or for nonintervention powers.
(c) Filing of accounts.
(d) Filing of petitions for distribution.
(e) Petitions by the personal representative for family allowances and homesteads.
(f) The filing of a declaration of completion.
(g) The filing of the inventory.
(h) Notice of presentation of personal representative's claim against the estate.
(i) Petition to continue a going business.
(j) Petition to borrow upon the general credit of the estate.
(k) Petition for judicial proceedings under chapter 11.96A RCW.
(l) Petition to reopen an estate.
(m) Intent to distribute estate assets, other than distributions in satisfaction of specific bequests or legacies of specific dollar amounts.
(n) Intent to pay attorney's or personal representative's fees.
See the rest at: http://apps.leg.wa.gov/RCW/default.aspx?cite=11.28.240
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