Q: Do I need a lawyer to file for Injunctive Relief in Probate Court.
My brother has locked me out of our father's house (where he also resides) and where all of the pertinent estate/asset documentation exists. He is a drug user and the concern is that he will try to liquidate as much as he can before anyone has the opportunity to stop him. Myself and the other heir are unable to move forward to probate the estate without the information required for proper filing with the Register of Wills. There is also so much debt and tax liens attached to estate that hiring a lawyer would be like throwing good money after bad. It is a very ugly and disturbing situation.
A:
You need a probate litigation lawyer. This is going to get expensive and messy.
You do not indicate whether your father had a will or who would be the personal representative. Without that then you will have little standing.
You can compel production of the will if there is one as its a crime to conceal a will. You can get a preliminary injunction restraining your brother from disposing of your father's assets until such time as a personal representative can be appointed and an inventory and appraisal done.
You will need an attorney who practices in the county/state where the estate will be probated.
If there is that much debt and liens, then why would you really care? Neither you nor the other heir would be personally liable for most debts. Your job would be a thankless task if there are few if any assets. And any assets that do exist may have to be sold to pay creditors claims before the heirs get anything.
However, I don't know all the details concerning the probate assets and the debts. I suggest that you and the other heir join forces and consult a probate litigation attorney. At least pay for a consult and let the lawyer review whatever you have and take notes about the assets/debts. Ask the attorney what it will cost for each thing that needs to be done. Once you are armed with the facts, you can decide whether to forget it or go ahead.
A:
You need a probate litigation lawyer. This is going to get expensive and messy.
You do not indicate whether your father had a will or who would be the personal representative. Without that then you will have little standing.
You can compel production of the will if there is one as its a crime to conceal a will. You can get a preliminary injunction restraining your brother from disposing of your father's assets until such time as a personal representative can be appointed and an inventory and appraisal done.
You will need an attorney who practices in the county/state where the estate will be probated.
If there is that much debt and liens, then why would you really care? Neither you nor the other heir would be personally liable for most debts. Your job would be a thankless task if there are few if any assets. And any assets that do exist may have to be sold to pay creditors claims before the heirs get anything.
However, I don't know all the details concerning the probate assets and the debts. I suggest that you and the other heir join forces and consult a probate litigation attorney. At least pay for a consult and let the lawyer review whatever you have and take notes about the assets/debts. Ask the attorney what it will cost for each thing that needs to be done. Once you are armed with the facts, you can decide whether to forget it or go ahead.
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