Q: How can I find my Dad's lawyer? My Dad had a will & at one time, I was the executrix but don't know if that change
My brother is keeping me from finding out anything and nothing has been filed in probate yet. He died on 10/21/2020
A: You need an attorney. This happens more often than you think and a number of factors can influence the strategy moving forward. For example, if no assets need to go through probate, then it doesn't matter as much. But, if a significant bank or investment account needs to go through probate, then you need to address this immediately in case your brother has a POA on the account and is fraudulently using that POA authority to take the money.
A: Creditors must file a claim against an estate within 6 months after date of death, so filing to open the probate is often delayed until after that time in case a creditor neglects to file a claim. If you have access to any old files of your father, you might be able to find out the name of the attorney he worked with, or an accountant or financial advisor who might know who his attorney was. Otherwise, there might not be a way to find out. As his child, you can file with the probate court to open his estate, and your brother will get a notice from the court which requires him to produce the will if he has it. Use the Find a Lawyer tab to retain a local probate attorney who can review the situation, advise you, and contact your brother on your behalf.
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