My Mother died from COVID-a week ago. I'm filing a wrongful death suit in Washington state. I need to petition the probate court for letters of administration and personal representative. I was convicted of a DUI/possession felony in AZ in 2005. There are no assets in the estate. But, I have a brother who wants to control everything and says he is in charge "until he is cleared by Washington state...". I think that means APS is involved. My concern is my brother already stole Mom's money, her possessions, and won't tell me anything, and refuses to answer my questions or give me her ss#, bank acc. I want to eliminate him. Do I file the petition for probate anyway, and see if the felony becomes an issue, argue it, and assert my reason for needing to be the representative for the purpose of filing the wrongful death action on behalf of my mother? I don't see why a non-threatening felony should prevent me from being appointed as a personal representative since there is no will or assets.
Texas Estates Code 343.003 provides that a convicted felon who has had his rights restored may serve as a personal representative.
A separate question, for an attorney licensed in Washington State, is whether your mother's estate has a cause of action against your brother for theft.
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