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For mishandling an estate.

For mishandling an estate.

For mishandling an estate.

For mishandling an estate.

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13y ago
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Q: Why would an estate administrator be sued in a fiduciary lawsuit?
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Can the administratrix of an estate be held liable for law suits pertaining to the deceased?

The estate of the decedent is responsible for paying the judgment in any lawsuit against the decedent. When notice of the lawsuit has been filed in the estate the Administrator would be responsible for maintaining the assets until the lawsuit has been resolved. No distribution can be made to beneficiaries until the debts of the estate are paid. The Administrator can be held liable if they distribute assets before debts are paid.


Can the administrator of an estate sue the estate?

You would need to provide an example of an issue the administrator would have with the "estate". The administrator of an estate is the person appointed by the court to represent the estate. They are paid from the estate for performing their duties. Their fee comes out of the assets before any assets are distributed and they have the authority to pay their own fee out of the estate.Any lawsuits against an estate must be served on its administrator. It is difficult to think of an example where the administrator would do something at odds with their own interest in the estate.You would need to provide an example of an issue the administrator would have with the "estate". The administrator of an estate is the person appointed by the court to represent the estate. They are paid from the estate for performing their duties. Their fee comes out of the assets before any assets are distributed and they have the authority to pay their own fee out of the estate.Any lawsuits against an estate must be served on its administrator. It is difficult to think of an example where the administrator would do something at odds with their own interest in the estate.You would need to provide an example of an issue the administrator would have with the "estate". The administrator of an estate is the person appointed by the court to represent the estate. They are paid from the estate for performing their duties. Their fee comes out of the assets before any assets are distributed and they have the authority to pay their own fee out of the estate.Any lawsuits against an estate must be served on its administrator. It is difficult to think of an example where the administrator would do something at odds with their own interest in the estate.You would need to provide an example of an issue the administrator would have with the "estate". The administrator of an estate is the person appointed by the court to represent the estate. They are paid from the estate for performing their duties. Their fee comes out of the assets before any assets are distributed and they have the authority to pay their own fee out of the estate.Any lawsuits against an estate must be served on its administrator. It is difficult to think of an example where the administrator would do something at odds with their own interest in the estate.


What is a probate lawsuit?

It would be a lawsuit regarding a conflict arising from the probating of an estate.


Is the estate administrator responsible for home ins?

Yes. The administrator is responsible for all the property in the estate until the estate has been distributed and closed. If there is real property included in the estate the administrator's duty would include maintaining insurance on the premises until title has been legally transferred to the heirs.Yes. The administrator is responsible for all the property in the estate until the estate has been distributed and closed. If there is real property included in the estate the administrator's duty would include maintaining insurance on the premises until title has been legally transferred to the heirs.Yes. The administrator is responsible for all the property in the estate until the estate has been distributed and closed. If there is real property included in the estate the administrator's duty would include maintaining insurance on the premises until title has been legally transferred to the heirs.Yes. The administrator is responsible for all the property in the estate until the estate has been distributed and closed. If there is real property included in the estate the administrator's duty would include maintaining insurance on the premises until title has been legally transferred to the heirs.


How do you know if you are the executer of an estate if there was no will?

If there is no will then there is no executor. Some qualified person would need to petition the probate court to be appointed the Administrator of the estate. An Administrator is appointed when there is no will.


How do you become executor of an estate without a will?

You would not be an executor. You would be an administrator. You file an application with the probate court in your jurisdiction to be appointed the administrator of the estate.


How can I dispose of the clothing for an estate?

You would be better to leave all property disposal to the estate's administrator or executor.


Can the executor of an estate file a wrongful death lawsuit on behalf of the estate?

Yes the executor can certainly bring a lawsuit. There is no requirement for there to be heirs to the estate to bring the suit. The estate may have many debts to settle, including medical bills and be able to use the money.


If an estate is closed and two years later the deceased comes into money what happens to that money?

The estate would need to be reopened and the funds would pass according to the terms of the will or by the laws of intestacy if there was no will. A fiduciary would need to be appointed to represent the estate and distribute the funds.


Can an executor borrow money from the estate?

Not without breaching their fiduciary duties. It would be irresponsible of the executor to do so. It could land them in trouble.


How is a county administrator involved with the sale of an estate?

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.


What if administrator of will dies then you find out she mishandled funds can you go after bank?

The bank isn't responsible for the management of funds. You would need to pursue the administrator's estate.