Petition for new PR

JM517 said:

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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BlondiePB said:

If you needed an answer no later than Feb 1st, why did you post this on Feb 2nd?

You needed your own attorney, like about 33 months ago. The estate attorney, hired by your brother, can act on your brother's behalf. That attorney was hired by your brother and represents your brother.

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Dandy Don said:

If you don't already have an attorney to help you with this petition, you need to get one. Executor brother's actions are highly improper and unethical, but whether your state law sees this as serious enough grounds to be removed is up for grabs, although you probably do have a good case. Charging YOU for the funeral bill instead of properly deducting it from estate funds is highly improper and I'm sure the judge will be interested in your brother's explanation of that. And he has to purchase the home based on a fair appraisal, not try to buy it for a steal at some low price. Hopefully that money will be put into the estate to be divided properly.

Thanks for being smart enough to realize that something was wrong and that you can't be taken advantage of.

DANDY DON IN OKLAHOMA ([email protected])

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JM517 said:

My brother wanted an answer by Feb. 1st (hence, my petition to change PR), not me.

Thanks for the "33 months ago" suggestion. Know where I can get my hands on a time machine?

I guess you get what you pay for on "FreeAdvice.com".

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