Need help, need new attny? no will

[bluebird54]

What is the name of your state? Ca
I posted earlier in the week. Mom died no will ? (brother probably destroyed) Brother locked us Sib's out of house. We sibs an Attorney. Who contacted brothers attorney. Brothers attorney wants all 3 kids made executor of estate so "thereby preventing any one of us from taking advantage of the situation". Brother has already been hauling stuff out of the house by truck loads. But his attorney said the brother will video tape everything .(yeah whats left) Oh and by the way His attorney is getting him qualified for a loan to by us Sib's out at fair market value. My attorney got this info Friday MAILED me a letter about this. (I told him this was urgent ,I find info out 6 later.My attorney seens to think this is a great idea. it saves us $$$$ (not a valuable estste) If brother will not let us in the house now, when he is executor with power then what? Help! is attorney really trying to be helpful or do I need a new one with some guts? And how do I find one that will fight for me?

 

[Dandy Don]

Gee whiz--what do you expect an attorney to do to correct a situation that was royally screwed up by your brother? There is nothing that can be done now. You would have been in a better position to do something IF an inventory had been taken before he got into the house. You are lucky to be getting anything from the home sale.

 

[bluebird54]

bluebird54

Forgive if I am not "doing" forum correctly,It took me forever to figure how to post. Thank-you Dandy Don for your reply. I agree with you but he moved in b4 mom passed. I was just not sure if my attorney was trying to be "nice"(I know don't laugh) and save the estate $$$$ as it is not a big one. OR The attorney was looking for an ez way to "fix" this mess and still get $$$$. My Attorney tells me it will cost mucho $$$$ to file for me to be Executor (or what-ever). OR if he did not have my sib's and I best interest in mind. He is so HO-Hum... like he is bored and I am seeing red!!!! I want action, blood, guts .. you know!!! help ! We need an opinion other than the odvious.. we screwed up and did not call Elder abuse (a whole other issue) P.s. Can I apply to the courts to be executor or does an attorney have to?

 

[Dandy Don]

Have you already paid this attorney? He is not being truthful when he tells you it will cost much money for you to be the executor--he just told you that because HE wants the job. Go to the courthouse yourself and get the filing papers, but you at least need to consult with another attorney to find out if it would be wise or advantageous for you to be the executor--it's a much more difficult job than people think. Can you take time off work to do it?