Probate Dispute Resolution
Summary
The user is dealing with a probate dispute in Washington. Her brother, the executor of their fathers estate, has allegedly failed to distribute the estate and communicate with her. She has tried to compel him through the court but has not seen any results. She has also faced difficulty finding legal representation in her small town. The user has evidence of her brothers alleged mismanagement, including receipts and documents related to the estate. She is considering seeking legal help from outside her county or state.Full Conversation
Need to know what to do now. My brother had not closrd my fathers estate. Its been a yeat since he sold the house. My father had no drbt except the home. But my brother refuses to conmunicate with me and refuses to make distribution. He also has not sent me letters of compketion so he has not closed the probate
What state is the probate case in? This will help me provide you with the most accurate information.
Washington
What steps have you taken so far to address this issue with your brother?
I have tried to communicate.ive left letters in his mailbox . I calked his attorney .he said he woukd send me sone documents to look over and sign. He didnt. Its been 6 months sibce tgen .now he wont return my calls
Have you considered filing a petition in court to compel your brother to distribute the estate?
In Washington, beneficiaries have the right to petition the court if the executor is not fulfilling their duties.
In Washington, beneficiaries have the right to petition the court if the executor is not fulfilling their duties.
I did last july.i petition the court to compel my brother for a full accounting. Nothing cane of it. Then the judge wrote that any future motions or petitions filed by me , will be pre-screened by her.
What was the reason given by the judge for pre-screening your future motions or petitions?
In Washington, beneficiaries can:
- Request a formal accounting
- Petition to remove the executor if they're not fulfilling their duties.
In Washington, beneficiaries can:
- Request a formal accounting
- Petition to remove the executor if they're not fulfilling their duties.
No resons
What was the outcome of your petition for a full accounting?
Nothoing. He was not made to answer.
What was the last communication you had with the court regarding this matter? In Washington, you may have the right to appeal a court's decision within 30 days.
The judge and my brother have been friends for more the 20 years.
What is the name of the court where your case is being handled?
Its a very small town
Could you please provide the name of the town or county where the court is located?
Pend Oreille superior court
What is the current status of your case at Pend Oreille Superior Court?
Phone: (*) *-*
Address: * S Garden Ave, Newport, WA *
Website: www.pendoreilleco.org
Pend Oreille County Superior Court
Phone: (*) *-*
Address: * S Garden Ave, Newport, WA *
Website: www.pendoreilleco.org
Probate is still open. My brother sold the home and closed last may 31st and because i paid all my dads final debt except for the loan on the home there was no debt to speak of. They removed me from the home i shared with my father for tenancy by sufferance. They never considered anything my father left as documentation. Or the fact that i had durable power of attorney. they did not allow for any of my estate expenses or the fact that they took my account with rights of survivorship ,a joint account i shared with my dad for 5 years before his passing and also gave that to my brother.
What documentation do you have to prove your claims about the joint account and estate expenses?
In Washington, joint accounts usually pass to the surviving account holder.
In Washington, joint accounts usually pass to the surviving account holder.
I have documented everything. I kept all reciepts. A suitcase full
What type of receipts and documents do you have? These could be crucial in proving your claims.
Every reciept every step of the way * pictures of me finishing the repairs on a project that my father and i started before he died. I also have evidence of collusion , and exparte communication. It is all documented.but this town does what it wants. What do i have to do. They have taken everything from me my vehicle, my home, all my savings to close up the home. Practically had to rebuild it . So that my brother could benifit from the sale? Nearly a half of a million. I havent seen a dollar
Have you considered seeking legal representation to help you navigate this complex situation?
Not a soukd will come here to newport. When i complained to the govebors office , the referrex an attorney that called me and when i began with"im in pend oreille county, newport wa. " he said " let me stop you right there" i dont practice in pend oreille county, their to greesy" and hung up on me
Have you considered seeking legal help from outside of Pend Oreille County or even from a different state?
Can i do that
Yes, you can seek legal help from outside of Pend Oreille County or even from a different state. Lawyers licensed in Washington can practice anywhere in the state.
I had found one firm. But now im broke. I spent everything on my home and living out of hotels for the last year. They wantex a *,*. Retainer
Have you considered seeking help from legal aid organizations or pro bono services? They often provide free or low-cost legal assistance to those who cannot afford it.
Ive tried to call anyone i could think of. They just wont come here. Whike what inherently belongs to me is being squandered away.
Have you tried reaching out to the Washington State Bar Association for assistance? They may be able to provide resources or referrals for legal aid.
Not only that but my fathers mineral right disappeared into thin air
What documentation do you have regarding your father's mineral rights?
My father was tge only one left that was still living that owed his property's mineral rights. Granite
What steps have you taken to trace the ownership of these mineral rights after your father's passing?
After * the county started retaining the mineral rights of all properties. My dad bought his property in *
What documentation do you have to prove your father's ownership of the mineral rights from *?
my dad and i went over and over it. And since my brother self appointed himself executor and got non intervention powers both by purgering himself to the court swering to had notified me and recieved my permission in writing, which he did not do either. Since then let the fuckery begin. I dont know what has accured because he will not communicate what so ever. And the court bever has made him
What evidence do you have that your brother perjured himself in court?