I think a personal injury attorney is best, but some are saying a probate attorney.
Here's the quick rundown. My father dies, I am the executor of his will. At his funeral we find out my brother and his lawyer created a trust and kept it secret, then moved my fathers money into it and now my brother controls my fathers money. Also they got my father to list my brother on the deed for a house he owned. I am sure not knowing that would give it to my brother instead of it going through the will. Also we find out employees of a local bank had dirty hands and allowed my brother to clean out my fathers accounts while he was still living.
Nothing in what you listed has ANYTHING to do with personal injury. Personal injury has to do with when you are hurt by someone and suffer medical injuries. You definitely need a probate attorney. In addition, it's going to be important to understand that YOU may not technically be suing your brother. It may be you suing on behalf of the estate. Your father may not have been required to disclose anything, and it can be hard to make out an undue influence case, but you need to at the very least talk with a probate attorney to go over details and make an informed decision on whether or not suing makes sense.
I am a Massachusetts attorney and answer questions based on Massachusetts law. The above answer is for educational purposes only and does not create an attorney client relationship or constitute legal advice.
Depending on the facts you might consider speaking with an attorney about the interference with inheritance. This is a claim that Massachusetts, and a growing number of other states now recognize. To determine whether you have a viable claim or not you need to shed light on details that are not addressed in your fact pattern.
The content of this message does not constitute legal advice and is not intended to be relied upon by anyone. It is highly recommended that the reader seek the opinion of a qualified attorney in his or her area for consultation and assistance. There are applicable statute of limitations and other considerations that only a qualified attorney can provide guidance on after being fully informed as to all of the circumstance of your particular case.
For your current situation it is in your best interest that you seek legal representation from an experienced estate planning attorney.
I would speak to an attorney who has experience in probate litigation.
All answers provided on Avvo by Attorney Marco A, Schiavo are not intended as legal advice, nor do they create any attorney-client privilege between Attorney Schiavo and the questioner or anyone else using the website. Attorney Schiavo is licensed in Massachusetts, and does not practice law in any other jurisdictions.
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