QUESTION
How long am I supposed to wait before something is done to my brother’s estate?
Asked on Apr 13th, 2014 on Estate Planning - Michigan
More details to this question:
My brother passed away in October 2012, leaving a minor child as his only heir and no will. I am his sister and had started the process of probating the estate when the mother of his child took me to court and had me declared unfit. Everything was turned over to the court. Since then the court appointed lawyer has done nothing. I still have all his possessions in storage and his vehicle. The court has the inventory list and all titles and keys. Meanwhile I am stuck with the funeral bill and many other expenses. The lawyer will not return my calls. He will not return calls to the funeral home either.
11 ANSWERS
Edwin K. Niles
Did you file a claim in the estate for the expenses? A simple estate can be closed in about 7 months. The inventory is supposed to be filed in 3 months. With the case number, you can go on-line and see what has (or has not) been done in court. This needs to be brought to the attention of the court. Try writing a letter to the attorney first.
Answered on Apr 15th, 2014 at 7:52 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Suggest you obtain the services of a probate litigation lawyer to file the appropriate motions into the probate proceeding to compel an accounting and obtain orders distributing the property.
Answered on Apr 15th, 2014 at 3:37 PM
3 Awards
File a petition with the probate court for instructions. You may want to hire counsel to assist you.
Answered on Apr 15th, 2014 at 3:37 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Petition the court for reimbursement of your out-of-pocket expenses.
Answered on Apr 15th, 2014 at 12:39 PM
Thomas Edward Gates
You need to retain an attorney to have the other attorney removed.
Answered on Apr 15th, 2014 at 10:43 AM
2 Awards
Ask an attorney to help you you communicate with the estate lawyer so that you can turn over what you have and be done with it. It is really his child and the child's mother who have the standing to complain, but if you are paying for the storage, you are at least able to find out when they are going to get your brother's things.
Answered on Apr 15th, 2014 at 10:43 AM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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File a petition to seeking payment of administrative expenses you advance the estate. The court will want the representative to move forward with the business of the estate.
Answered on Apr 15th, 2014 at 10:43 AM
As an "interested person" you can file a Petition with the Court and request that the Court enter Orders to the Personal Representative and any others to require action to move the estate forward. For assistance, contact a lawyer who specializes in estate litigation.
Answered on Apr 15th, 2014 at 10:19 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Report the lawyer to your state's bar association. It is possible that just because you don't have the child does not mean that the probate ended. I suggest you talk with a local probate attorney to check on the status of the estate and what authority you may have to close it out.
Answered on Apr 15th, 2014 at 10:06 AM
You don't say when the attorney was appointed and that may have an impact on how quickly you can expect him/her to act. On the other hand, since you are no longer executor, you shouldn't have to be dealing with your late brother's possessions. Everything should be turned over to the attorney as soon as possible. In no case are you personally responsible for paying for the funeral and storage expenses. If it has been more than 3-4 months since the attorney's appointment and nothing has been done, submit a petition to the court asking for a "show cause" hearing at which the attorney will have to explain the delay. If the attorney still doesn't get anything done, you can ask the court to appoint another attorney/person as executor.
Answered on Apr 15th, 2014 at 8:23 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Get your own attorney. Under the circumstances I would want to be relieved of the property and liability. I suspect the child will take all so you have all pain, and no gain.
Answered on Apr 15th, 2014 at 8:17 AM