Still helpless in indiana

[helpless in ind]

What is the name of your state? Indiana
I need to know if there is anything I can do to get this PR put back into our familys hands and out of the ex-wife's. Here is what happened we were told to give her the PR for our mother.
My mother passed in Dec 2001 unexpectedly heart failure after surgery. At the time my brother was living with her after his divorce. My brother was diagnosed with Diabetes and put on insulin which restricted him from doing his job as a truck driver because it was effecting his nerves also so he was going through the SS stuff and had no income. The other 5 of us children whom all have jobs all working different shifts appointed him to be the PR since he would be able to take care of things better. He did everything that the lawyer whom we retained to handle moms estate asked. Oh by the way this was the same lawyer he had for his divorce because we had no idea what to do since the Will that my mom had done with our dad was not valid anymore since dad died before mom she got everything and so she thought that Will would continue on and when she passed everything would be split 6 ways. well we found out that was not the case. We all cleaned up the property had an auction, I purchased the car everything was done except a few credit card bills that the lawyer wasn't sure still needed paid or not that he was checking on. After we sold the house my brother had to move of course so he moved to Ohio with his girl friend but left forwarding address and phone numbers. Well about 6 months had passed and we still hadn't heard anything then my brother received a registered letter from his ex-wifes attorney stating a hearing was held and since he nor our lawyer appeared for court that his client would be PR for our mothers estate. Well he and all of us was irate over this and he immediately contacted our lawyer and he said he was unable to contact my brother after repeated times and he was unable to appear in court that day so we would have to deal with whatever the outcome was. We tried to get the PR turned back over to us but the judge ruled that there was no need to change it again and she would remain PR and then our lawyer resigned from the case leaving us high and dry. Now her lawyer and her wants to know where $700.00 that our lawyer and the 5 of us agreed my brother could use out of the bank account for gas, food and loding while he was the PR taking care of all the arrangements for all the estate until we can move forward and close this out. Isn't there anything we can do? I can't believe that PR can be removed from someone that has 5 other bother and sisters that could have taken over but were never notified at all and the PR be placed in a total strangers hands because thats what this women is when it comes to my mothers affairs. Isn't there anything to do?

Helpless

 

[anteater]

Sounds like your brother screwed up, the probate judge acted to remedy the situation, and you had your chance to appeal, but the judge denied it. You can always hire another attorney and take another crack at it, but since the probate judge denied it once.........

Other than the ex-wife being a "stranger," what is your complaint? She is working under the supervision of the probate court and you have a right to review the probate file at any time. It is public record.

And why are you starting a new thread instead of responding to your original thread?

 

[helpless in ind]

How did my brother screw up? I don't think there was enough money interest for the lawyer to even bother with the case so he dropped it. How would you react to someone being able to take over your parents estate without you being notified until it was too late to do anything. None of us had ever been through anything like this and I thought that is why we hired the lawyer so we would do what was right since there was no Will and we wanted everything to be done legally. So I guess you are telling me that there is nothing we can do and we have to let her take care of the rest of the estate. My complaint is this was MY MOTHER AND FATHERS affairs she was only entitled to my brothers share of the estate and now that she has been given the PR she gets even more than the rest of us. I don't even care about the money its only a couple of thousand a piece its the fact that I have to let that woman who is by the way NUTS diagnosed BI-POLAR and receiving SS because of it take care of something she has no business being involved with anyway. I guess you can not help me either. This is also my first time writng anything like this so I apoligize for stating a new thread instead of replying to the other. I guess all this writng didn't get me any closer to having the answers that would help me get this estate settled. It has been almost 4 years now and we are still no closer to let my mother lie in peace because I know she is not with that woman taking care of her affairs. Would hiring a lawyer out the county be any better because the 2nd laywer we obtained that is not doing anything either is in the same county as the judge. So how long can this case go unsettled another 4 years and shouldn't we be notified of anything that the new PR is doing with this case?

 

[anteater]

How did my brother screw up?

Because your brother headed off to Ohio and did not stay on top of the estate's administration. And, if you want to blame it on the original attorney, then it is still your brother that screwed up. The attorney worked for your brother, the PR. It was your brother's responsibility to see that the attorney was doing what was required.

I guess you can not help me either.

Nope, I guess I can't. I'm not the "Fairy Probate Godmother." If you can't find a lawyer willing to help you, maybe it is because you have no case. You still haven't mentioned anything that the ex-wife has done that warrants her removal.

 

[helpless in ind]

Indiana
No you certainly are not a GOD of any kind so why don't you stop acting like one. You also must of never had any ex-in-laws either or I shouldn't have to tell what she has done a divorce in any family is never pretty for all the in-laws too. You are also RUDE!

 

[anteater]

Indiana
You are also RUDE!

Thank you. I try when the situation warrants it.

AND, you still haven't mentioned anything that would warrant the ex-wife's removal as Personal Representative. Personal grudges don't count.