Legal Question in Civil Litigation in West Virginia

My brother owes me money and now he has passed away.
My father died and left a piece of property in probate to myself and 4 siblings. A cell phone company leased a piece of the property for x dollars per month. I, even with the help of an attorney have not been able to acquire a copy of the contract. I have not received any of the proceeds from the lease. I gave power of attorney to my brother to sign only documents relating to this lease. I am anticipating taking my brothers estate to small claims court to recover my share. THE PROBLEMS: I cannot get a copy of the contract to prove the money is owed. How long do I have to file a claim against my brothers estate? Is it possible that my brother legally excluded me from the proceeds when I gave him power of attorney to sign documents for this lease? Should I sue the cell phone company as well?

Asked on 1/18/04, 4:20 pm

Alan Crone Crone & McEvoy, PLC

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Re: My brother owes me money and now he has passed away.

You need to ask your attorney these questions.

Answered on 1/19/04, 11:16 am

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