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Petition for new PR

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JM517

Junior Member
MICHIGAN:

My father passed away in May of 2004. Since that time my brother and I, who are the only two beneficiaries (50/50-split), have gone through a 33-month Probate process. My brother was named Personal Rep. Over those 33-months he has 1. paid himself $30K out of the estate. 2. paid his personal bills (utilities) out of the estate (the house in which he currently lives is part of the estate). And 3. Informed me that I would not have the option to co-own a family property that my Grandfather built nearly 90-years ago (which was, in-turn, left to my Dad) stating that he would be both the seller and the buyer.
I have just filed a petition for a change of PR with the courts so that an impartial 3rd party could distribute the estate's assets fairly and equally.
Now the estate attorney has filed an objection on my brother's behalf contending that my petition would burden the estate financially and that my actions are "premature".
My questions are;
1. Is it appropriate for the estate attorney to act on my brother's behalf? My understanding was that his duty was to protect the estate, not side with either of two beneficiaries in a dispute.
2. How strong is my case? I have tried to settle this dispute out of court, and without a change of PR, for over two years. I was sent a letter stating the estate was ready to close, that I would be getting far less than I anticipated (father's funeral costs deducted from my side of the ledger rather than general funds), and have an answer no later than Feb. 1st.
Thank you for your help.
 



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