probate

[bean]

my brother was appointed personal representative to my fathers estate, it is a small estate with no will, he has not kept us informed of what he's doing and has not filed the inventory on time. he refuses to talk to his siblings .can we remove him as personal representative,if possible how do we do this? if his attorney bill gets paid out of the estate,can our attorney be paid also out of the estate? our attorney had to step down after my brother informed him that he had a conflict of interest,we could not use the information our attorney provided because of the conflict, my brother and his attorney new about the conflict but still sat in on a 4 hour meeting as a group with all family members and both attorneys,should we have to pay our attorney fee for his neglect to stop the meeting when the conflict of interest was determined?
Wisconsin resident

 

[ALawyer]

If you guys can sit down instead of fussing with attorneys you'll all save a lot of money and grief.

 

[advisor10]

MAY 16, 2001

DEAR BEAN:

What do you mean when you say it is a "small estate"--approximately what is its value? There may be some question as to whether there will be anything left over for the heirs to split after debts, taxes and funeral expenses have been paid.

Is your mother still living? If so, then she gets everything. If not, then it goes to the children in equal shares.

You should be responsible enough to go ahead and pay the attorney fee for his services already rendered, and the conflict of interest has no bearing. He still may have gleaned important information during the 4 hour meeting that could benefit you all. Have you spoken with him about all topics that were discussed in that meeting? Could you please briefly explain what the "conflict of interest" supposedly was/is, since that may have been just a weak excuse for your brother to get rid of your attorney.

SINCERELY,

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