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What is the legal recourse if the surviving spouse will not cooperate with the administrator of an estate?
Wiki User
∙ 14y ago
The Administrator should bring the situation to the attention of the court and the court can issue an order. Non-compliance of the order will result in the surviving spouse being held in contempt of court and the court can issue further sanctions.
Wiki User
∙ 14y ago
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Who should settle an estate when a person dies intestate and did not know he had an adult child living in another state?
The surviving spouse or the adult child can petition to be appointed the administrator of the estate. You can check the state laws of intestacy at the related question link below.The surviving spouse or the adult child can petition to be appointed the administrator of the estate. You can check the state laws of intestacy at the related question link below.The surviving spouse or the adult child can petition to be appointed the administrator of the estate. You can check the state laws of intestacy at the related question link below.The surviving spouse or the adult child can petition to be appointed the administrator of the estate. You can check the state laws of intestacy at the related question link below.
Co-administrator of estate?
The co-administrator of an estate has as much equal access to the estate as the administrator. If property or the estate needs to be divided, the parties will need to agree.
If i make my stepmom adiministratrix of my dad's estate and she's sueing for wrongful death will i be entitled to any money if she win's and can she refuse to give me any?
First let's clear up the basics. The court appoints the Administrator and the court generally favors the surviving spouse. The Administrator will settle the estate under the supervision of the court and according to the state probate code. The answer depends on how the law suit is filed. It can be filed by the surviving spouse as an individual or by the Administrator of the estate. If filed by the estate, the Administrator will represent the estate in the court action. Any award will be paid to the estate and will be distributed as intestate property according to the intestacy laws in your state. You can check your state at the related question link provided below. You should consult with an attorney who can review this situation and explain your rights and your options.
Who is appointed administrator when intestate?
State laws vary on who can be appointed the administrator of an estate. Generally, the surviving spouse is favored. If there is none or they decline, a child or other heir at law. Generally, it must be someone who is an interested party. A creditor can be appointed.
How can you as the child become the executor of the estate over the suviving spouse and no will?
Matters of probate are controlled by the laws of the state in which the decedent lived. Therefore, you should contact the office of the clerk of the probate court to obtain information on the procedures for filing for executor or executrix of the deceased's estate. ==Clarification== If the decedent died intestate the surviving spouse must Petition the probate to be appointed the Administrator of the estate. If there is no will then there is no executor.
Can the administrator of an estate sue the estate?
You would need to provide an example of an issue the administrator would have with the "estate". The administrator of an estate is the person appointed by the court to represent the estate. They are paid from the estate for performing their duties. Their fee comes out of the assets before any assets are distributed and they have the authority to pay their own fee out of the estate.Any lawsuits against an estate must be served on its administrator. It is difficult to think of an example where the administrator would do something at odds with their own interest in the estate.You would need to provide an example of an issue the administrator would have with the "estate". The administrator of an estate is the person appointed by the court to represent the estate. They are paid from the estate for performing their duties. Their fee comes out of the assets before any assets are distributed and they have the authority to pay their own fee out of the estate.Any lawsuits against an estate must be served on its administrator. It is difficult to think of an example where the administrator would do something at odds with their own interest in the estate.You would need to provide an example of an issue the administrator would have with the "estate". The administrator of an estate is the person appointed by the court to represent the estate. They are paid from the estate for performing their duties. Their fee comes out of the assets before any assets are distributed and they have the authority to pay their own fee out of the estate.Any lawsuits against an estate must be served on its administrator. It is difficult to think of an example where the administrator would do something at odds with their own interest in the estate.You would need to provide an example of an issue the administrator would have with the "estate". The administrator of an estate is the person appointed by the court to represent the estate. They are paid from the estate for performing their duties. Their fee comes out of the assets before any assets are distributed and they have the authority to pay their own fee out of the estate.Any lawsuits against an estate must be served on its administrator. It is difficult to think of an example where the administrator would do something at odds with their own interest in the estate.
Is becoming an administrator of a small estate where no will is found expensive?
It should not cost the administrator anything. The costs, which are fairly reasonable, are born by the estate. And the Administrator can charge for their services.
If mislead into signing off brothers estate is there recourse?
no
Do your legal brother has right to challenge Legal administrator?
I am the administrator of my fathers estate does my brother have equale power and percentage of estate?
Can heirs of mothers estate file ensolvency if there is already an administrator?
No. It is the responsibility of the administrator to notify the court if the estate is insolvent and provide all the supporting documentation.No. It is the responsibility of the administrator to notify the court if the estate is insolvent and provide all the supporting documentation.No. It is the responsibility of the administrator to notify the court if the estate is insolvent and provide all the supporting documentation.No. It is the responsibility of the administrator to notify the court if the estate is insolvent and provide all the supporting documentation.
Are children or siblings responsible for deceased estates?
As long as the children are adults and there is no surviving spouse the children would qualify to probate the estate. If there was no will one must petition to be appointed the administrator of the estate. You should consult with an attorney who specializes in probate law in your area.
Can you be evicted by the administrator of the estate?
Yes.
