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Does guardian of estate have more power than administrator of estate?
Wiki User
∙ 13y ago
No. A guardian of an estate is the person appointed by the court to manage the property of a living person (the ward) who is incapable of managing their own property. The guardian's power and authority expire immediately upon the death of the ward but the guardian must file a final account with the court that details any assets that came in to the ward's estate since the last account and any that went out.
The administrator of an estate is the person appointed by the court who has the authority to settle the estate of the decedent, or the person who has died. The administrator has the responsibility and authority to file an inventory of the decedent's estate with the court and has the legal standingto file a motion to compel the guardian to file their final account.
Wiki User
∙ 13y ago
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If more than one poa is on a estate can one break it?
A Power of Attorney is extinguished when the principal has died. A POA is not connected to a person's estate. An executor or administrator has the authority to handle a person's estate and they can only be appointed by a probate court.
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.
Who has more rights to power of attorney when no will is made?
The property should be secured and someone in the family must petition the probate court to be appointed the Administrator of the estate as soon as possible. Once appointed the Administrator will have the power and authority to take control of the assets and perform such duties as paying any bills regarding the real estate (taxes, utilities, insurance), paying creditors, notifying the government and insurance companies of the death, and making distribution to the legal heirs according to the intestacy laws of your state. Until an Administrator is appointed no one has any right to distribute or take any property.
Does power of attorney supersede next of kin?
Yes, as long as the principal is living and the power of attorney is durable. Once the principal dies the POA is extinguished and the estate must be probated. The court will appoint an estate representative. On the other hand, if the principal is incapacitated the family can petition the probate court to appoint a guardian and if granted, the guardianship will supersede the POA and the POA will be extinguished.
How can you be appointed an Administrator for probate?
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.
If an unmarried son dies with no will who is the inheritor of the estate and responsible for the estate?
The parents are entitled to the estate if there are no descendants and no spouse. the court will appoint an administrator if there is no will. The intestacy laws vary some between states, so check the laws for your state. In some siblings may be entitled to some portion of the estate. Consult an attorney for more specifics.
Did Louis XI allow the estate's general to gain more power?
No, it remained the same.
Which user group has more rights power user or administrator?
Administrator has more rights; Power users account can read from and write to parts of the system other than their own local drive, install applications and perform limited administrative tasks.Administrator account can install and uninstall devices and applications and can perform all administrative tasks. When windows 2000/XP is first installed one user account is created in this group and the account is called the Administrator
Is a personal representative the same as an executor?
For practical purposes, yes. An executor is someone who administers an estate of a person who left a valid Will. An administrator is someone who administers an estate of a person who did not leave a valid Will. The term "personal representative" described both an administrator and an executor.In the United States the term personal representative is used in the Uniform Probate Code to refer to the person authorized by the Probate Court to settle the estate of a decedent. As states adopt the Uniform Probate Code the term personal representative is becoming more common.
Is a power of attorney required to disclaim an inheritance?
No. The beneficiary who wants to disclaim an inheritance should contact the attorney who is handling the estate for the proper way to waive their rights in the estate. It may be more complicated if real estate is involved.
Administrator Rights?
An administrator is also called an executor. Administrators, or executors, are responsible for carrying out the orders of a will they were named in. The creator of the will, also called a testator, must choose one or more designated people to serve as administrator upon their death. As soon as the administrator is contacted after the death, the responsibilities begin. It is important for all appointed administrators to know that they have the right to refuse this position. In some cases, an administrator is named in a will without their knowledge; the news is a surprise after the death of the testator. For any reason, personal or otherwise, the administrator may go to the county’s Records office and speak with the clerk about self-removal. By filling out a form and having the clerk witness it, the administrator will be removed and the court will appoint a different individual. The administrator, if the responsibility is assumed, has several rights regarding the estate of the will’s testator. Wills usually designate specific people to be awarded personal belongings, property or money. Administrators have the right to distribute this property at their discretion. They are not allowed to keep property to themselves if it is designated to someone else, but it is up to the administrator when to distribute it, in accordance with probate laws. Also the administrator has the right to handle the matters of the estate related to debts. Creditors make claims against an estate after they learn of the testator’s death. There are specific time limits for filing these claims; after the time limit, the administrator has the right to tell the creditors to cease if they become a problem. In some cases, the testator may have died suddenly and will have left behind many business matters that must be attended to. Businesses are often not tied directly to a testator’s personal estate and assets, but the administrator has the right to deal with any business issues. Working with business issues must be done in addition to handling personal matters. When a testator owns property and has debts that exceed the net worth of their estate, the administrator has the right to sell their property and use the funds to pay off debts or taxes. If the money or property is placed in a trust, the administrator is not allowed to access it, unless their name is also on the trust.
Can a fiancee file to be the administrator of the estate for her fiance if he died without a will?
In Canada if someone does not leave a Will any properties or monies can be left to government. In some cases if you seek out the advice of a lawyer you may have grounds to stop this action. This is why it is so important that people have Wills.Unless your fiance' named you in his Will as Executrix or you had Power of Attorney there isn't much you can do. The reason for this is, you are not legally married and he could well have wanted anything he owned to go to his family such as siblings.It is best to seek out legal counsel to see what your options are. If you lived together for more than 6 months you may be entitled to some or all of what he has left.AnswerShort answer - yes! The government does not take your assets if you die without a will. State law decides who gets your assets! If there is no will, there is no executor, so the person appointed by the court to administer the estate is called the administrator. This does not mean that the finacee will get anything, but she can file to be that person. Clarification:It depends on the laws in your jurisdiction. In some states the fiance could not seek appointment as the administrator so you would need to check your own statutory provisions regarding the administration of intestate estates. She is not "kin" to the deceased. In my state the person who can petition to be the administrator of an intestate's estate is as follows:1. surviving spouse, if none then 2. next of kin or their guardian, if none then 3. the principal creditor, if none then 4. the commonwealth- a public administratorAlso only if a person dies leaving no next-of-kin does the estate "escheat" to the state.
