Legal Question in Wills and Trusts in Georgia

Obviously no one who has not seen the facts of the claim can answer you. If there is a contested matter in probate obviously your mother hired a lawyer in 2007, and that lawyer should be answering those questions when and if posed by the executor,

Last time I checked, its 2012. If the estate was probated in 2007 and the claim was filed a year later, Why has this not been resolved by now? Why is this estate still open?

In some states, its up to the personal representative to accept or reject any claims. Was the claim accepted or rejected? If the claim was rejected, then your brother could file suit. Was this ever done?

You do not relate the details other than this arose out of a real estate transaction in 2001. Most states have statutes of limitation. Is the estate in Georgia? I don't know the grounds on which the claim was based, but if your brother is attempting to claim your father was some kind of fiduciary, there could be a 10-year statute of limitations which would make the claim timely. If its some other grounds, was the claim denied based on the statute of limitations?

I don't know the nature of the claim, but the personal representative could also enter into a settlement agreement with your brother and pay him something rather than litigate in court. So it is possible to resolve the claim this way as well. Was this done?

Does the personal representatve (your mother) have an attorney for the estate? If so, then she needs to be asking the estate attorney these questions. I am not sure why you are involved at all unless your mother has renounced and now you are the successor. If your mother did not have an attorney and you are trying to be helpful, the best thing you could do now is to hire an attorney for the estate so that it can be completed and the claim resolved one way or another.