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lpeyton · Aug 31, 2007, 02:13 PM

I am the Executor of my deceased mom's estate and her will states I am to divide the property up between my two brothers. It is in probate right now, but meanwhile, my brother is going to another lawyer to speed up the probate process and award the property over to us. Isn't it illegal to get another lawyer to handle this?

What if he does do this? Will they get in trouble?

ScottGem · Aug 31, 2007, 02:17 PM

Why would it be illegal? He's hiring someone to represent HIS interests. Nothing illegal about it.

His attorney, however cannot make any moves or decisions without your consent. You, as executor, get to make all the decisions. Also, since this attorney was hired by your brother, he is paid solely by your brother. He is not entitled to any funds from the estate, except from your brother's share.

Why does your brother think help is needed to speed the probate process? What is his attorney attempting to do?

pacific nw · Sep 1, 2007, 11:07 PM

Sorry to hear about your loss.

Depending on the state and the size of the estate,

1) There may be a minimum waiting period so that any creditors can be made aware and state their interest in the estate (In my state , it is six months)

2) If the estate doesn't exceed a certain level (in my state $100,000) then probate is not needed and it is a very simple process that doesn't have a waiting period. (Although any creditor has two years to make a claim against the estate if it doesn't go through probate.)

Find out what your local laws are.

lpeyton · Sep 2, 2007, 09:46 AM

Thank you both for answering my post.

My probate attorney. Who read the will and was chosen by my mother, is handling the probate. My brother wants to hire another attorney to speed up the process of the probate and have all the estates turned over to her three children so we can sell one piece of her property, as soon as possible. I don't fully understand his need to get his fair share of her estate right now. I would rather wait it out (probate) and see how his marriage turns out. He wants a divorce. The "will" stated the property is to be split up by me and it's to be done equally and share alike. He's not making this easy as there was three estates and he talked her into giving him one estate while she was suffering Dementia. He claims she wanted him to have it. I consider that part of his inheritance. But I will be fair and give him a third of my estate. She also wanted my youngest brother to live in her trailer without renting or selling it and I plan on doing just that. That was what she wanted.

I can not afford an attorney to protest him getting the one piece of property (title is only in his name) but my youngest brother is blind, one legged with a prothetic, and on Dialysis can go through Legal Aide to protest him sneakingly obtaining that property and wanting 1/3 of the other two properties. For right now, I have stated that all the property if to be shared 1/3 by each sibling but that may change after this probate is over.

Molly stated that this frequently happens when the will is not specific and has to go through probate. I just never though it would happen to us. My brothers are playing against each other with me and I have had just about enough of their character assination.

Any advance or thought would be greatly appreciated. I want to do the right thing and still be able to have a relationship with both of my brothers. I want us to be a "family" and not for these problems about probate to end it.

ScottGem · Sep 2, 2007, 10:10 AM

Ok, As I said, he has every right to hire an attorney to represent his interests. However, that attorney can't do a thing to speed up the process. More likely, throwing another attorney in the mix will slow down the process.

If I follow you, your mom owned three properties. Your brother managed to get her to sign over one of those properties to him prior to her death. Unless you can prove that he took advantage of her dementia to do this and get that transfer voided, then that property is no longer part of the estate. If the will simply stated that her estate was to be divided equally among the three siblings, then it is left up to you, the executor, to decide how to do that. To advise further I would need to know generally, what the will said and whether there are any other assets (cash, investments, etc.) other than the properties.

So the probate attorney, needs file the will in probate court and get a judge to rule on what should be considered part of the estate. What you will need to do, is get appraisals of all the properties deemed part of the estate, then divide that value by three. You can then buyout the other brother and decide what to do with the rest of the properties.