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suzieq_9905

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My mother died in 2003, my brother is the executor of her estate, we live in Richmond,VA she did not have anything until recently she is suppose to get some money, I would like to know what kind of papers are we suppose to file on her behalf so we can get her money, because I was told that it didn't make a difference that my brother was the executor or not

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You haven't provided any context whatsoever for this money "she is supposed to get" so unless and until you do that, I'm not sure anyone can provide you with any meaningful feedback on what you were told by ... whomever it was. And if there are any "papers" to be "filed[d] on her behalf" one can only presume that involves the estate being reopened and the executor addressing it.

\r\n

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my mother is suppose to get this from a lawsuit, from a lawyer, like I said my brother is the executor but the lawyer is saying it doesn't make a difference, that we will have to file some paper on her behalf\r\ncan you please tell me what papers or give some help

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"no he was not, when my mother died he got some paper from the court making him the executor so he could take care of her debts..."

This is confusing and I don't know all the possibilities in Virginia, but it does suggest that probate was opened, he was appointed as executor, the estate administration was taken care of, and he was released from his duties as executor.

In that case, Fallen's suggestion that the probate estate needs to be re-opened and your brother needs to granted new letters seems the most likely.

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It's not clear from your posting whether a probated estate was ever opened back in 2003 or is probate going on now? If you say the money she is supposed to get is from a lawsuit, and if your brother is not cooperating in providing information about this, then you should hire your own attorney to represent your interests and get your questions answered. The attorney will also need to check and see exactly how the lawsuit was filed (was your mother's estate listed as one of the parties to the lawsuit or not).

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I filed the lawsuit on her behalf, she had taken some medication and we won, but I found out my brother has power of attorney but that's not a problem, I just don't understand why we have to file a paper in probate court if my brother has power of attorney

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In any future posts, please make an effort to use something that resembles proper capitalization and punctuation. Doing so will make it easier for others to read and understand what you write.

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suzieq_9905 said...

My mother died in 2003, my brother is the executor of her estate \r\n

\r\n

First of all, from skimming through the responses you already received, it appears that there is some doubt whether he actually is the executor. In response to a question asking whether your brother was "ever appointed by the court to administer the probate estate," you responded that "he was not," but then you said that "he got some paper from the court making him the executor." Those two statements are completely contradictory. Second, it would be awfully unusual for an estate still to be open for a person who died nine years ago. Is the estate really still open? If so, why?

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suzieq_9905 said...

she did not have anything until recently she is suppose to get some money\r\n

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It appears that this is as a result of a product liability lawsuit. Obviously, she isn't getting the money. It's not clear who the plaintiff is, but I assume it's you and/or your brother or your mother's estate.

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suzieq_9905 said...

I would like to know what kind of papers are we suppose to file on her behalf so we can get her money\r\n

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I don't intend to be insulting, but it appears that there may be a language barrier here because you repeatedly said the same thing over and over despite requests for clarification and because your writing level appears to be similar to what one might expect from a non-native speaker. Basically, what I can discern is that some lawyer has told you that you and your brother "have to file some paper on her behalf" in order to get the money from the lawsuit. I can't tell whom this lawyer represents, and it's completely unclear what you're talking about or why you might need to file anything.

\r\n

It should go without saying that, if someone has told you that you need to do something and you don't understand the instruction given, the appropriate thing to do is ask that same person for clarification. In other words, call the lawyer who told you to do this and say that you don't understand what you're supposed to file and ask for an explanation. Your posts seem to suggest that you have been told that you're supposed to file whatever this "paper" is in the probate court, which may point you in the right direction.

\r\n

Of course, the smart thing to do would be to hire a probate attorney to advise you what you need to do and to handle the paperwork on your behalf.

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It really doesn't make any difference whether it is you who files the paperwork in probate for this money, or whether it is your brother, or whether it is an attorney you might hire to do it. The main reason that the probate filing needs to be done is so that the money can be properly and legally distributed to ALL of the legal heirs and that it be distributed officially on record. If they just issued one person a check there is no guarantee that the person who received the check would distribute all of the money to the siblings/legal heirs.

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