Q: my brother and ex wife hired a probate attorney concerning my fathers estate. this brother is executor.

A: The attorney represents your brother in his capacity as the executor of the estate. The attorney does not (or should not) represent your brother in his individual capacity as a beneficiary, and the attorney is not the personal representative of the estate.

As the Executor, your brother is the personal representative of the Estate, and he is responsible for:

1) gathering all assets belonging to the estate;

2) pursuing all claims owed to the estate;

3) settling all creditor claims owed by the estate;

4) notifying all beneficiaries of the estate;

5) producing and filing an inventory of all estate assets with the Probate Court;

and everything else is addressed

6) distributing all assets of the estate when no further administration is necessary.

The attorney may or may not take possession of certain assets, but it is ultimately the personal representative's responsibility to take possession of assets and make distributions to the estate beneficiaries.

You should sit down with an attorney to review whatever correspondence, inventory, or accounting your brother provides you. He or she will be able to advise you whether everything was handled above board. Many probate attorneys are reluctant to communicate directly with estate beneficiaries, and will only communicate directly with a beneficiary's attorney. Attorneys cannot give legal advice to other parties in a case. As such, you will have more luck dealing with your brother's attorney if you have your own. As long as everything is uncontested and does not require litigation, you should be able to find an attorney who can review documents and do his or her due diligence for a fee you're comfortable with.

A: The executor distributes the assets -- after being appointed by the court, publishing a Notice to [Unsecured] Creditors, waiting four months for them to submit claims and paying all the bills. You should not expect to receive anything for four months, longer if there is property to be sold.