Q: Can I press charges against my brother for signing a small estate affidavit and taking my fathers entire estate ?
Father died without a will. Brother signed affidavit saying hes the only child-I tried to open probate but judge denied me to be administrator because I have to work out of state all the time. He said I could refile but if I cant be admin. whats the point. Does this mean my brother gets away with stealing my fathers entire estate? Can I request someone else be made administrator? The estate is gone because the lawyer I hired took my money & did nothing.Yes I have filed charges with the state bar and he has been found guilty but that doesnt help my situation. I dont have the money refunded yet to hire another lawyer & just need to know how I get the court to open a probate when I cannot be the administrator. I filed & was denied so it seems thats where it has stopped & I dont know how to proceed so the court can find out that my brother did this and hold him accountable. I thank everyone for your time and any advice you have to offer!
A: Hire a probate attorney to represent your interests in the probate. You don’t have to be the administrator to keep watch on what is going on and file a petition to restore property to the estate.
Tammy L. Wincott agrees with this answer
A: I would like to add that you should not waste any time in this as every day that goes by may make the situation even worse.
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