Evans, GA Estate Planning Law Firms & Lawyers

The proper place to bring up this issue would be in the court administering the probate estate, as that court has jurisdiction over the estate personal representative and is able to address his or her inactions. Accordingly, you probably need to file a petition with the probate court that is administering the estate and raise the issue to be reviewed by the Court. I suggest that you meet with an attorney who can review the papers that have been filed in the probate case to see if the personal representative received authority from the court to allow the estate property to be foreclosed.

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.

Your father be the one to sign a power of attorney appointing you. However, since he has dementia he will obviously not be able to. You will need to speak with an attorney about a Conservatorship petition asking the court to appoint you as the conservator.