Q: How to obtain assets as a heir with no will or probate court in one case & no will but probate court in another case.
My brother provided a voided power of attorney document to a lien holder of my mother's home deed after she passed In order to obtain the deed. He also provided the probate court fraud bankstatements for our deasesed uncles estate in order not to pay my share as a hier so I have to separate issues of fraud with the same person.I done my due diligence & have all the supporting evidence proving how the fraud occurred with documentation copies.I just need a savy lawyer to show up & represent me in court.
A:
Hire an attorney with experience in probate litigation. A power of attorney from your mother is, of course, void upon her death. As an heir, you have the right to file for probate of your mother's estate, even though she doesn't have a will. You can ask the court to appoint you as a dependent or independent administrator of her estate.
If you are an heir of your uncle's estate, you can challenge actions taken by your brother in connection with your deceased uncle's estate. You could gain greater leverage if other heirs of your uncle join you. You don't say whether your brother is the executor or administrator of your uncle's estate. Generally, it is easier to remove an administrator than to remove an executor.
You can likely schedule an initial consultation for around $500 to have an attorney look over the evidence you have obtained and discuss with you your litigation budget. Then you can make a decision as to whether your share of the estate makes it worthwhile for you to pursue alone or whether you might need to pool your financial resources with other heirs to spread the cost of the litigation out among you.
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