Legal Question in Wills and Trusts in New York

I hired attorney to get me appointed as Administrator of my mother's estate as we could not find the original Will. I was appointed as the Administrator, but I then sent a letter to the attorney saying that I no longer want him as my attorney (which I was told is my right for whatever reason). I did sign a retainer agreement with him saying that he could file any taxes due, and marshalling the assets, etc. The only asset is a house. This agreement states that he would get 4% of the estate's assets. He has since agreed by a letter to me stating that he is willing to agree upon a new amount b ased on the fact that I have terminated his service. I do not know what this new amount he has in mind. He goes on to say that if he is not paid, he will have no other alternative but to pursue the full amount of the retainer to enforce his rights as a creditor of the estate. This may include, but not be limited to the filing of a proceeding to have the court fix his legal fee.

Will the Court ever allow him 4% of the estate even though the only service he performed so far was to get me appointed and then I terminated him?

I am going to need an attorney to close on the house when it is sold (it is now on the market since May 2010),

I have one more question - I was appointed as guardian for my mother and I believed that my brother over the course of 4 1/2 years took alot of money from her without her knowledge or consent and I couldn't get the Court to listen to me, but I was told when my mother dies, and I am the administrator I would have the power to bring action against him to get this money back. I have all the bank records of what he took out. He overpaid his wife ($600.00 week) which was for 15-20 hours at most and took extra money on top of that. Should I just not give my brother his share and let him bring me to court and then explain it to the court why I am withholding his money until he answers to the Court. I want my brother to explain to a Court where he got the right to just take my mother's money without her knowledge or consent. It started in 2003 and when I questioned him about him taking Mom's money, he ran the next day and got Power of Attorney which still did not give him the right to do whatever he wanted with my mother's money.

I appreciate all your help. I hope I am making sense as it gets kind of complicated.

PT

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