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Certainly, no reason why he couldn't be. He could be named in the will, or he could petition the court to serve as administrator.

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โˆ™ 2007-01-11 03:42:53
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Q: Can your father's brother-in-law be the administrator over his estate?
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Estate administrator over pricing property so it does not sell?

If you think the administrator is not performing their duties to the best advantage of the estate and heirs you can report the situation to the court and request a ruling or the removal of the administrator if necessary.

Who has the power over your deceased dads house you the executor or your brother whos claiming hes the administrator of the estate?

Sounds like there is controversy over the estate. Only one of you should have a letter of authority from the court.

Is there a time limit to protest a probate or estate after someone is appointed an administrator over an estate if there is no will?

Assuming you are talking about protesting about the administraion of the estate rather than the actual appointment of the administrator, in the UK, once a Letter of Administration has been granted you have six months to make a claim against the administrator of the estate. After the six months has passed you can still make a claim however it is much more complex as you have to make a claim against the beneficiaries of the estate, if there were lots of beneficiaries this would be extremely complex. In addition the beneficiaries would most likely have to counter claim against the administrator.

Someone dies with no will who has control over the estate and how would they stop others from taking things?

Someone in the family who is eligible to serve as the estate administrator must petition the court for appointment. Once appointed they will have full control over the estate, and the authority to settle the estate according to the laws in the jurisdiction. They should consult with an attorney who specializes in probate law.

Can a executor named in a will override a person who has been granted letters of administration of the deceased estate?

No, they cannot over ride the appointed administrator. They would have to get the court to remove the letter of authority.

Why does an administrator want her final settlement in probate of an estate to be laid over for 30 days for exceptions and does this order to the court delay the monies received by the heirs?

They want to make sure there are no further claims against the estate. Yes it will delay the heirs receiving their distribution.

How can you as the child become the executor of the estate over the suviving spouse and no will?

You cannot be appointed executor if there is no will. An executor settles the estate according to the provisions in the will.If there is no will an administrator must be appointed. The surviving spouse is always favored by the court for appointment as administrator. You would need their cooperation to be appointed. They would need to consent. You can petition for that position but the surviving spouse can object and and the court will usually appoint the surviving spouse.

How do you put administrator in a sentence?

Example sentence - I have been the administrator for the program for over five years.

Who files estate if no will upon death?

A qualified person must petition the probate court to be appointed the Administrator of the estate. Generally, a qualified person must be over eighteen years of age and an "interest party" to the estate. You should seek the advice of an attorney who specializes in probate law who can review your situation and explain your costs and options.

How do you get an estate settled My father passed away 3 years ago and my sister hasn't filed anything and I'm in a situation because of her now Any sugestions?

Any family member can file a petition in the probate court to be appointed the Administrator of your father's estate. Once appointed the Administrator will have full and sole control over your father's property and the settlement of his estate. You should consult with an attorney who specializes in probate law and who can review your situation and explain both your options and the costs involved.

Can the youngest of three sisters who are next of kin contest the decisions after all arrangements have been made?

A next of kin sibling could object to the court appointment of the estate administrator if there is an estate. If there has been no representative for the estate appointed by the court she could petition to be the one appointed. Only the court appointed estate representative has any legal power to make decisions regarding the decedent. If there is no estate and no Will and no court appointed estate representative then the majority would rule over the burial arrangements.

When a parent dies can one of the children act as the adminster if all the rest of the children gave him power of attorney over the estate?

Though it is not good idea, the Trustor (parent) can name anyone they want to Administer (Executor) of their Estate. An Administrator is a title usually reserved for a Court appointment, of which this would not be.

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