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Executor suing brother and will probably not win

Question Details: My sister is handling my Mothers will. She is now suing another brother to return items our Dad gave our brother many years ago. I do not think she will win, since my Dad gave these away years ago and they are not in the will. My sister does not care and now has a hearing scheduled. The estate does not have much money and my sister is spending a fortune suing my Brother. If at the end she loses, and the legal bill for the lawsuit is higher than the value of the estate who would be responsible? I doubt my brother is going to kick in money that she used to sue him with.

Asked 10/15/2009 under Wills, Trusts, Probate | 353 View(s) | More Legal Topics

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B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney Answered 2 years ago | Contributor

I think you should talk to an attorney of your own about this.  It might make sense to go to court yourself, ask the court to stop your sister's wasteful lawsuit to protect the estate.  At the very least, there should be a way to protect yourself, and your brother, from any exposure to the legal fees.

If Dad passed away before Mother, then the time for the lawsuit, if ever, would not have been later than when Dad's estate was being taken care of.  If Dad is still alive, his testimony about the gifts should put a very quick end to the case.

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