Q: Father passed away in Jan. this year, his will leaves everything to myself, and my adult brother, evenly,
but without naming an executor, The estate consists of a home which had been paid off, some years back, worth approx. 120,000 and an unknown amount in personal property, savings accts. etc. The reason it's unknown is because my brother, and his wife, had been living with my father for the past 6 or 7 years, after losing their home to foreclosure, my father gave power of atty. to my brother, and I believe he blew through all the savings, and sold off, or otherwise, missappropriated most of the personal property. I want to file a petition for probate, but am uncertain if I can afford the cost of a bond, and I know my brother wont sign a waiver, I thought by now, he might have petioned to become executor, but I haven't received anything yet, he's probably in no hurry, because he continues to live in the home, paying nothing, I was planning on filing a petition to have him removed, and would probably be successful on many grounds, Any suggestions on how I should proceed, Thank You. Sharon
A:
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
Every cause of action has a time limit, often referred to as a 'statute of limitation.' Once the statute runs, you no longer have a cause of action. If you have any causes of action against your brother, you do not want to lose them due to passage of time. You should immediately retain an attorney and discuss your options.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
