How do I stop a sibling from disposing of property before the estate has gone to probate?
January 16, 2008 6:20 AM Subscribe
I need probate law advice. My sibling is acting unilaterally to dispose of personal property and accessing our father's bank account before the estate has gone to probate. How can I stop this?
posted by pussyfoot to Law & Government (13 answers total) 1 user marked this as a favorite
I'm in a kind of time-sensitive situation where my sister is disposing of personal property from our father's estate before it's gone to probate.
Isn't this stuff supposed to be left untouched until the Special Representative disposes of it? She also has access to his bank account. It may or may not have been a joint account (it's unclear because she had power of attorney), and she has transferred funds from it to her own account since his death and used them for personal things (primarily lodging costs). When she specifically inquired about this account and this situation, the bank told her that she couldn't write checks on the account or anything and that they must wait thirty days after receiving the death certificate before they will release the funds. She did not tell them that she had already transferred funds from the account.
I don't object to these things per se, but I do object to her unilateral actions and that they are not being handled in the proper manner. She had anticipated our agreeing to her being the SR, but in light of these bad decisions, as well as the provocation of her retaining an attorney without my prior knowledge, I no longer intend to agree to this.
So I'd like to know what I should do, and possibly retain an attorney myself...assuming I can do so without a fee upfront. Is this possible? Can anyone tell me what my immediate options are?