Q: Probate closed on an estate. The will was never fully executed. Myriad lies, & laws broken. Have atty lying on tape.
Now a real estate investment trust that was never transferred wants to foreclose on (a) property(s) which secured a loan. They need permission from beneficiaries but one of them is dead and the financial instrument was never properly transferred to the heirs. It is in the estate of another dead person, and that estate is closed. Can I sue for return the "fair & reasonable fees" from the PR? They lied about almost everything. they withheld $10K for "taxes and final expenses" then filed K5s without approval or review from or by any of the heirs. According to The IRS Congressional Oversight Committee, this is a breech of federal tax laws. We never got a final accounting of where that 10K went, and the estate needs to be reopened, and i have to sort out their F'ed up mess. Can I sue to get back the fees they charged? Their lawyer lied about how probate works, then forcibly took the DAR SD card, but I was also recording with a smart phone, so he is lying, and then robbing me. (On WAV file)
A: Contact an attorney who handles probate litigation. As a general rule, the PR is personally liable for all errors and/or negligence in the management of the estate. As for recording in the lawyer's office, unless the location was a public place, the attorney likely has the right to prevent (including the removal) the use of the recording devices. However, these materials must be returned. Again, contact an attorney for details.
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