Toccoa, GA Estate Planning Law Firms & Lawyers

When a person prepares a Will, they are able to direct the distribution of their assets after their death. If you don't prepare a Will, the state probate laws will dictate the division of your assets after your death. As a child, you are entitled to share in your father's estate. You must understand that if your father's assets were owned jointly with his wife, he would not have an estate which would be subject to probate laws. Only assets that are in the name of one person will require probate.

If your brother is trying to have you removed, or to force you to provide information, then yes, he can seek court action in your father's estate. The appointment of an administrator does not mean that the court can't do anything else. If you are the administrator and your brother is trying to have a court remove you or force you to do something, then you need to get an attorney if you don't already have one. Estate-related litigation is not a good do-it-yourself project, and you can face personal liability if your actions (or lack of action) is determined to have caused damage to the estate or the parties interested in it. Find an attorney who is experienced in both estate administration and probate work and also estate and trust related litigation. Best wishes to you.

In order to answer the question, we'd need to know a lot more about your parents' assets and their estate plan. If you are named as a fiduciary for your parents (personal representative, successor trustee) you might want to request a meeting with their estate planning attorney to sort out what you will need to do.