Know any trustworthy probate lawyers?

"GreenN_Gold" (GreenN_Gold)
09/18/2013 at 13:55 • Filed to: None

My dad and his brother were named as co-representatives of their parent's will. The brother's attorney asked my dad to sign a document releasing his interest as a representative. My dad refused to sign it, as him and his brother have a terrible relationship and don't speak. The county where the estate is located had already appointed an independent neutral representative to probate the estate, which my dad was fine with. Now he gets documents from a separate court a few counties away stating that his brother has been approved as soul representative of the will to probate in that county instead. wtf

DISCUSSION (8)

RamblinRover Luxury-Yacht > GreenN_Gold
09/18/2013 at 14:02

IANAL, but unless the second court's decision specifically overturned the first appointment, it should stand and the second court's decision would be invalid on those grounds.

Good odds the previous appointment was concealed/not mentioned to the second court - laziness. I'm pretty sure if someone is already probating, that jurisdiction would not change.

I'm assuming the county court who appointed the neutral representative is the one with jurisdiction including related property and the second court... isn't?

GreenN_Gold > RamblinRover Luxury-Yacht
09/18/2013 at 14:10

Thank you. Correct, the initial court/country is where the deceased and the estate/assets reside, as well as one of the representatives of the will, my dad. The brother resides in the other "new" county. The appointed representative also has an attorney who believes (again as you correctly suspected) that the other county was not informed that probate was already initiated in the first (one might say proper) county. However the appointed represtative and her attorney basically represented the will, or the deceased rather, and not my dad, so they are hands off at this point, and my dad needs to obtain his own representation.

Where I come in is that my dad is rather severely disabled and does not have the resources or ability to seek out personal representation.

RamblinRover Luxury-Yacht > GreenN_Gold
09/18/2013 at 14:30

Sounds like you need some kind of representation, though, and if possible to either get a stay on the second court's ruling or otherwise produce material to them to get it invalidated. That, and/or you need to move fast with the "correct" probate.

It pains me to say it, but I half-suspect that he obtained the invalid ruling so that he had some quasi-legal grounds on hand for a planned move - one he hopes to have stand through inertia even if you get the decision reversed/invalidated. I have to think he's up to something, and that's simply very dangerous.

Edit to add: "up to something" is supported by the interest in having your dad sign away interest. Fishy. Very fishy.

Kawaii-Gon Jinn > GreenN_Gold
09/18/2013 at 14:42

good luck, not that you need my anecdotes, but it could be worse. my mom's parents' estate with a clusterfuck with my 6 aunts and uncles, a family business, people hiding documents, guns, missing musical instruments, and a general amount of screaming. it's been almost 20 years and my cousin still excluded half the family from his recent wedding. my dad's parents' estate was simpler: just pay off the one redneck relative 20k to go away and evict the cousins from the old farmhouse. ay yi yi.

GreenN_Gold > RamblinRover Luxury-Yacht
09/18/2013 at 15:56

He has a long criminal history, which is the root of the contentuous relationship between him and my father, now going on 20 years plus. I have no hesitation about calling his motives into question.

GreenN_Gold > Kawaii-Gon Jinn
09/18/2013 at 16:01

To me it is all black and white, very cut and dry. There is a will, and the will states the 2 brothers get everything 50/50. That should be the end of the story. Why one brother insists on a court battle is ridiculous.

Kawaii-Gon Jinn > GreenN_Gold
09/18/2013 at 16:15

i assume the issue could be how 50% is defined. it could be "cash value" so if, from a jalopnik's pov, your grandad has a GT in the garage, either they sell the GT and split the profit, or one of them keeps the GT (because racecar) and then gives the other brother the cash value of that GT (either by foregoing a share of the inheritance equal to that value, or out of their own pocket).

GreenN_Gold > Kawaii-Gon Jinn
09/18/2013 at 17:37

The assets amount to a house with a mortgage, a house without a mortgage and a CD. Both houses are empty now. I got a recommendation for a lawyer, so I'm hopeful for some answers/advice soon.