brother selling off everything

[Ducatiboy]

What is the name of your state? MA

My father passed away in Nov 2006. We could not find his will. In March of 2007 my brother had his attorney apply to become temporary administrator without notice to me or approval. He has been selling off things from the estate without telling me. I wanted one of the cars, however he sold it to his buddy. Is it possible to stop him from selling off things without my knowledge? How can I become joint administrater without using a lawyer ?

Thanks
j

 

[seniorjudge]

In March of 2007 my brother had his attorney apply to become temporary administrator without notice to me or approval.

What do you mean? Are you saying that the court did not notify you? He took action but you didn't? Why?




He has been selling off things from the estate without telling me. I wanted one of the cars, however he sold it to his buddy. Is it possible to stop him from selling off things without my knowledge? How can I become joint administrater without using a lawyer ?

You cannot. Get a lawyer immediately or just forget about it.



Answer my four questions, please.

 

[Ducatiboy]

Yes, I was seperated and living at a different address than my home, my brother knew that ! I didn't know he took action until a few months later when I recieved a check from a cd from the estate.

There is a hearing for a permanent appt of an admin on OCT 5th, I was just informed of this today by email. His atty said that we must meet before 7 days to go over inventory? I told him that I cannot due to my business schedule, and asked him to please reset. I also asked him to send my certified mail for any correspondence.
The atty is a "friend" of my brothers. Can a "friend" be used? I ask the atty/brother questions, they tell me nothing. I ask questions, and get no definative answers. Can I get first right of refusal" or some type of relief from the court to stop him from selling everything off, I think he has sold things to his buddies for less that market value.

thanks

 

[seniorjudge]

Q: His atty said that we must meet before 7 days to go over inventory?

A: Sounds like an excellent idea.



Q: Can a "friend" be used?

A: Certainly. Would you want to hire an enemy as your lawyer?


Q: I ask the atty/brother questions, they tell me nothing. I ask questions, and get no definative answers. Can I get first right of refusal" or some type of injustive relief from the court?

A: The brother and lawyer are NOT on your side and do not have to tell you anything. You need your own lawyer and get that lawyer no later than December 2006.

 

[BlondiePB]

...You need your own lawyer and get that lawyer no later than December 2006.

Good one...

 

[seniorjudge]

Good one...

I try to plan ahead.