Legal Question in Wills and Trusts in Pennsylvania

Check with the Office of the Register of Wills in the County where your deceased brother resided. There is a way to seek substitution as executor of his estate. The substituted executor will be responsible for completing administration of the estate.

Who is incapacitated, the brother/executor, or the lawyer? If it is your brother, someone should be appointed as his guardian. The fact that he is in a nursing home does not necessarily mean that he is incapacitated.

If the lawyer himself is not incapacitated, but your brother is, check with that lawyer to find out if someone was appointed by that brother, prior to his incapacity, as his agent under a Power of Attorney. If not, you or another relative would have to apply to Orphans' Court to seek appointment as guardian.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.