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Can your father's brother-in-law be the administrator over his estate?

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βˆ™ 2007-01-11 03:42:53

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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.

2007-01-11 03:42:53
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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.


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.


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.


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.


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.


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.


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 put administrator in a sentence?

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


What are your rights as an heir in the state of IL when your cousin is the agent under a durable POA?

As an heir you have the right to petition to be appointed the executor of the estate if there is a will and no other executor is named, or the administrator of the estate if there is no will. The estate must be probated in order for title to the property to pass to the heirs. You should consult with an attorney who specializes in probate law in your state. A Power of Attorney is extinguished by the death of the principal. Your cousin has no authority over the estate.


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.


My mom was brain damaged in an accident so I was lawyer and court appointed her legal guardian and executor of her estate then she died over a year later and I paid all her debts can I sell her house?

You cannot sell your mother's property because you aren't the legal owner yet. Your mother's estate must be probated in order for title to her real estate to vest in her heirs. There are only two ways you can sell the real estate. 1.) You must petition the court to be appointed the administrator of her estate. You must then petition for a license to sell the real estate. 2.) You must petition the court to be appointed the administrator of her estate. Then you must complete the administration and close the estate. Once the estate has been completed the title to the property would be vested in (owned by) all the heirs and they could all sign a deed to sell the property.


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.


Does the eldest child become executor of an estate when there is no will in Pennsylvania?

There is no law that the eldest takes over the estate. It's up to the family to decide. The youngest may be the best choice if they have strong organizational skills and have the time to act as administrator. An executor is appointed when there is a will. Whoever is chosen by the family must petition the court for appointment. Once appointed they will have the legal authority to handle the estate.


How do you sell a home without probate?

If the owner died their estate must be probated in order for title to vest in the heirs or for the estate fiduciary to have the legal power to sell. If they left a will (testate), the will must be allowed and an executor appointed. If they died intestate an administrator must be appointed. The administrator of the estate can obtain a license to sell the property from the court. The executor can obtain a license to sell if there is no authority to sell in the will. However, the debts of the decedent must be paid before any property is distributed to the heirs.No one has any authority over the property until the estate is probated so until then, no one can give a valid deed.


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 action hold up the distribution of the estate monies?

So that they can give another 30 days for any debtors or beneficiaries to come forward. Yes, waiting 30 days does delay distribution.


What should a tenant to with the rent money when the landlord passes on?

If a landlord dies then the property becomes part of that landlord's estate until it is settled, normally by a Will administrator. You should still make your checks payable to the landlord and pay your rent on time. The landlord's administrator will give you further instructions if they change. It could take about a year for this to happen. When a person dies and has a sizable estate, typically of over $100,000, the estate gets into probate, a judicial process by which a will is administered after an ample period of time that is given to creditors to file a claim against the estate and for the administrator to dispute such claims if necessary. Eventually the property is sold or given to an individual. If you are still there as a tenant, instructions will be given for you to make payments to that particular landlord. Alternatively you can hold the money in escrow, but do not spend it.


What is the fee for an estate administrator?

You should calculate one point four percent of the value of the estate that is to be executed to pay the fees of the estate executioner where the estate is calculated after your demise and ammounts to whatever the estate is worth at the time of your death and not decided upon before you die and the executor will then be paid one point four percent of that ammount Fees for an estate administrator will vary according to the particular state's laws. Since I don't know which state this is in, I cannot accurately answer it. However, in New Jersey executors and administrators receive the following percentages based on the value of the gross estate: 5% of the first $200,000. 3.5% on the excess over $200,000 up to $1,000.000. 2% on the excess over $1,000,000. In addition to this, they are entitled to 6% of the gross income that is earned by estate while it is being administered. And of course they are entitled to be reimbursed for legitimate expenses, including legal fees. Other states will probably have different formulas. This is for informational purposes only and not intended to be given as legal advice.


Your brother is the administrator and won't give you any information including the name of the attorney who is handling your mother's the estate. How can you found out information about the estate?

First, you are entitled to know every detail regarding the probate of your mother's estate. If you haven't received any notice from the court then it is likely your brother hasn't been appointed at all. An administrator is appointed by the court when the decedent died intestate, or without a will. No one has any authority as an administrator until they have been appointed by the court.It is quite easy to determine if an estate has been opened and whether your brother has been appointed. All you need to do is to visit or contact the probate court where your mother lived. You can find the court by performing an online search using your mother's county, state and "probate court". You can then check your mother's name in the probate court index. If her estate has been filed, you should fine a case number.Once an administration has been allowed by the court and the administrator has been appointed the file becomes a public record. You can visit the court, make copies, find the name of the attorney who is handling the estate and . . . you can monitor your brother's progress to make sure he acts with expediency by requesting to see the file periodically. You can obtain copies of any of the documents in the file. He cannot keep his actions secret from you. If you think he is mishandling the estate, you can file a complaint with the court and have your complaint heard.If you find there is no probate filed for your mother's estate, you can petition to be appointed the administrator. No one has any authority over an estate until they have been appointed by the court.


You've been appointed POA over your mothers estate and she passed away. Can you view the paperwork on the internet?

First, you cannot operate under a power of attorney because once the principal is deceased a POA is extinguished. You need to petition the probate court to be appointed the administrator of the estate. You need to review the case file at the court.First, you cannot operate under a power of attorney because once the principal is deceased a POA is extinguished. You need to petition the probate court to be appointed the administrator of the estate. You need to review the case file at the court.First, you cannot operate under a power of attorney because once the principal is deceased a POA is extinguished. You need to petition the probate court to be appointed the administrator of the estate. You need to review the case file at the court.First, you cannot operate under a power of attorney because once the principal is deceased a POA is extinguished. You need to petition the probate court to be appointed the administrator of the estate. You need to review the case file at the court.


What rights does the eldest child have?

The eldest son has no special rights over any other child of a decedent whether for purposes of inheritance or right to be an administrator or guardian of an estate or person. All children are considered equal in the eyes of the law.


Does an administrator have more say than the power of attorney?

The administrator is appoint after death. The power of attorney represents a living person. The power of attorney ends with the death of the grantor and the administrator takes over.


What happens when you are not notified by the executor that you are the trustee in your fathers will?

Briefly, the will needs to be presented to the probate court for allowance. By that process the court will appoint an executor and from that point on the court will have jurisdiction over the estate. The executor will be obligated to follow the provisions in the will and you will have the legal right to monitor the probating of the estate. No one has any power to act until the will has been probated. Title to the property does not pass until the estate is probated.


What is the effect of gay fathers on children?

Many studies done over the past 20 years show that there is no effect of gay fathers on children, as compared with heterosexual fathers.