In the settling of the estate, the court appointed Administrator has all the power, by law. She has the authority and responsibility to settle the estate according to state law under the supervision of the court. The heir-at-law has no power. If the Administrator is not performing her duties the heirs can request she be replaced. However, one of the reasons the law provides for the appointment of an estate representative is to avoid disagreements among heirs and have one person in charge.
Yes. An heir at law is one of the few entities that do qualify. A creditor can also qualify.
Yes. An heir at law is one of the few entities that do qualify. A creditor can also qualify.
Yes. An heir at law is one of the few entities that do qualify. A creditor can also qualify.
Yes. An heir at law is one of the few entities that do qualify. A creditor can also qualify.
Yes. An heir at law is one of the few entities that do qualify. A creditor can also qualify.
Yes. In fact, a person must qualify to be appointed an administrator. One of the qualifications is being an heir-at-law.
Generally, an administrator must be an heir at law or a creditor. Laws vary in different jurisdictions. You need to check the laws in your particular jurisdiction.Generally, an administrator must be an heir at law or a creditor. Laws vary in different jurisdictions. You need to check the laws in your particular jurisdiction.Generally, an administrator must be an heir at law or a creditor. Laws vary in different jurisdictions. You need to check the laws in your particular jurisdiction.Generally, an administrator must be an heir at law or a creditor. Laws vary in different jurisdictions. You need to check the laws in your particular jurisdiction.
State laws govern who may qualify to be appointed the administrator of an estate. Generally, one must be an heir at law or a creditor of the decedent. You need to check the laws in your jurisdiction. You can inquire at the probate court or consult with an attorney who specializes in probate law.
Anyone can be listed in as an heir. And depending on how the will was written she may be inheriting on behalf of her children.
First, you must qualify under the laws in your jurisdiction. Generally, the administrator must be an heir at law or creditor of the decedent. If qualified, you file a petition for administration at the probate court where the decedent resided.
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.
The heir has the right to complain to the court if the Administrator is not performing their duties promptly and according to the laws. The court can issue an order for the Administrator to act on a certain part of the probate process or can replace the Administrator if the actions are serious.
yes
If the estate of a decedent needs probating and no one has come forward to administer the estate, then the county Public Administrator may petition to be appointed the administrator. They are required to perform their duties under the law as any administrator. They would need to petition the court for a license to sell the real estate. The proceeds would escheat to the state to be placed in a fund. If an heir ever comes forward and can prove their status as an heir they can make a claim for the net proceeds.
A creditor might be able to assert some sort of claim to the portion of the estate going to the heir if the Administrator is served with notice of a judgment. Remember, the Administrator is wholly responsible for every dime spent and is also accountable for their actions regarding paying debts.
Yes.
Seems like a perfectly legal situation.