Q: Bothe parents died within 6 months of each other; younger sister opened estate account without our knowlwdge...
younger sister opened estate account without our knowlwdge, claimed administratorship as in PR, and executing actions on the estate without as much as consulting/discussing with any one of us siblings. we filed a joint petition to remove her but her lawyer and her keeps coming up with excuses to postpone the hearing for almost a year now. What are our chances of success with our petition? Secondly, given that she has taken steps towards selling our home (which is on mortgage), closing our parents' bank accounts (and taking all the funds from there), attempting to turn off gas and electricity, etc. of the same home we lived in with our parents (and still live in and continue to pay mortgage on, except for her and her family that don't live here), can we successfully protest PR pay if she requests it? she is also challenging my petition for guardianship of my 2 minor brothers whom I've always provided/cared for even before our parents' passing.
A: Most lawyers charge by the hour and require an advance retainer of funds to bill against, holding the money in their trust account until earned. Litigation can be expensive, but if your petition is successful the legal fees could then be paid out of estate assets it they are sufficient. You might contact Legal Aid in your area to see if they can represent you if you do not have money to retain counsel, or call the local attorney Bar Association and inquire about pro bono or reduced fee lawyers.
A:
I am sorry to hear of the loss of both of your parents.
A Personal Representative cannot legally open an estate without notifying all heirs and interested persons which would include all children of the deceased. In Maryland, the court actually directly sends the notice based on the list of family members / interested persons -- the first thing to do would be check with the Register of Wills where the estate is located to see who they sent notice to.
Generally speaking a PR has no legal obligation to consult with other family members. While it is both helpful and nice for family to communicate, the law does not require that the PR seek input before making decisions about estate property. Instead, the law requires that the PR make periodic written reports or accounts (every 9 months) showing what bills have been paid, what has been sold and what remains in the estate. Notice of these reports must be sent to the heirs. If the PR does not file these in a timely fashion they will usually be removed as PR although the court generally gives the PR a brief opportunity to make it right (in other words, while it is a strict obligation the court will not go to the extreme of removing someone if they get permission to extend the deadline or if they file a day or two late).
An attorney cannot realistically answer the question "What are our chances of success with our petition?" without examining the entire probate file to see if the PR has been complying with their legal duties.
The question about guardianship of minors involves a whole different set of facts and you're encouraged to seek legal counsel.
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