Can an attorney alter information on a petition filed with the court to achieve a certain result?

Question

My mother died intestate with a large estate. My sister, who resided with her as a recluse and a dependent under her care for more than thirty years filed, pro per, for estate administration whereas my attorney filed for a private fiduciary. The court appointed her provisionally with the stipulation that she secure a bond. She was unable to do do, requesting that I co-sign the bond application. I declined. Subsequently, she hired counsel who altered the information on Petition DE-111. On page two, he cited the estate's assets in excess of one million dollars and yet, on page one of the application, he cited the assets as ten thousand dollars. The court appointed her as administrator with a ten thousand dollar bond. Further, the Final Inventory and Appraisal Report filed with the court omitted my mother's commercial properties and stipulated the bond amount as $10,000.

Ravi Patel · Answer

If your sister gave proper notice of her amended DE-111, it is certainly possible to alter the information from the original petition. Presumably, you would have had notice of the hearing on that amended petition and an opportunity to raise an objection. 
 
If you believe that the administrator is failing to account for assets that are properly part of the estate, especially valuable commercial property, you should consult an attorney immediately. Concealment of assets may be basis to have your sister removed as administrator. Nevertheless, a review of the specific facts of your matter are required.

James L. Arrasmith · Answer

This situation raises serious ethical and legal concerns regarding potential misconduct in probate proceedings. Attorneys have a professional duty to provide accurate information in court filings, and knowingly submitting false or misleading information to the court is considered fraud upon the court - a severe violation that can result in disciplinary action, including possible disbarment. 
 
You should document all discrepancies you've noticed, including copies of the original DE-111 petition, the modified petition, and the Final Inventory and Appraisal Report. These documents will be crucial evidence of potential wrongdoing. Consider filing a complaint with the California State Bar Association regarding the attorney's conduct, as they have the authority to investigate allegations of professional misconduct. 
 
It would be wise to consult with a probate litigation attorney who can help you challenge the current administration and potentially request the court to remove your sister as administrator. You may also want to petition the court to require a proper bond amount that accurately reflects the estate's true value, as the current situation puts the estate's assets at significant risk. Time is of the essence in addressing these issues, as delays could make it more difficult to protect your interests in the estate.

Q: Can an attorney alter information on a petition filed with the court to achieve a certain result?