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You need to be appointed Administrator of the estate.
You must petition the probate court to be appointed the Administrator of the estate. If appointed you will be issued Letters of Administration.
Guardians are not appointed for persons who have died. I assume you are actually inquiring about an Administrator of an estate. If a person dies intestate (without a will) and owns property, their estate must be probated. A family member should petition to be appointed the Administrator of the estate.
The estate of a decedent is distributed by the court appointed fiduciary for the estate. If the decedent made a will the court will appoint an executor. If the decedent had no will the court will appoint an Administrator.
They can be replaced by the court. A petition to the court can be submitted and a new executor appointed.
When the principal has died the Power of Attorney is extinguished. If you want to settle the estate of the decedent you must petition the probate court to be appointed the administrator of the estate if there is no will.
The court will look at the Will to determine if an alternate executor is named. If not, then the state probably has a list of people, in order, who should be named as administrator of the estate. Relationship to the deceased executor is irrelevant.
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.
I am the administrator of my fathers estate does my brother have equale power and percentage of estate?
Yes.
You should petition to be appointed the administrator of their estate then visit local banks with your Letters of Administration and request they check their records.
No, they cannot over ride the appointed administrator. They would have to get the court to remove the letter of authority.