That depends on the laws in the particular jurisdiction. In some the court appointed administrator must first obtain a license to sell from the court.
That depends on the laws in the particular jurisdiction. In some the court appointed administrator must first obtain a license to sell from the court.
That depends on the laws in the particular jurisdiction. In some the court appointed administrator must first obtain a license to sell from the court.
That depends on the laws in the particular jurisdiction. In some the court appointed administrator must first obtain a license to sell from the court.
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.
The executor must be appointed by the probate court. Once they have been appointed they have the authority to collect the assets of the decedent and settle the estate according to the terms of the will and state laws.The executor must be appointed by the probate court. Once they have been appointed they have the authority to collect the assets of the decedent and settle the estate according to the terms of the will and state laws.The executor must be appointed by the probate court. Once they have been appointed they have the authority to collect the assets of the decedent and settle the estate according to the terms of the will and state laws.The executor must be appointed by the probate court. Once they have been appointed they have the authority to collect the assets of the decedent and settle the estate according to the terms of the will and state laws.
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.
In order to "handle someone's estate' you must be appointed by the probate court as executor if there is a will, or as administrator if there is no will. Once appointed then you have the authority and obligation to pay the debts of the decedent from any assets owned by the decedent. The debts must be paid before any property can be distributed to the heirs.
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.
"Letters of administration with ata" is a legal document that grants someone the authority to act as the administrator of an estate when the deceased did not leave a will. This allows the administrator to manage and distribute the assets of the estate according to the laws of intestacy.
Generally, a conservator's authority ends at the time of death of the ward. An administrator must be appointed to settle the estate.
Someone who has legal standing must petition the court to be appointed the Administrator of the estate. That person, once appointed, will have the authority to pay the debts of the estate and distribute the remaining assets according to the state laws of intestacy under the supervision of the court. The surviving family should contact an attorney who specializes in probate who can review the situation.
The POA would have expired when your parent died. If there are estate assets you should petition the probate court to be appointed the Administrator of the estate. Once appointed the court will issue "Letters of Administration" that will enable you to access your parent's bank account and records, and any other accounts. As Administrator you wll be legally empowered to handle all the assets of the estate.
To become the executor of an estate without a will, a person can petition the court to be appointed as the administrator. The court will typically appoint a close family member or other interested party to handle the estate's affairs. The administrator will then follow the state's laws on intestate succession to distribute the assets of the estate.
Yes, a court-appointed administrator can sell a decedent's car as part of the estate's assets. The administrator is responsible for managing and distributing the estate according to the decedent's wishes and applicable laws. However, they must follow legal procedures, which may include obtaining court approval for the sale, especially if the estate is subject to probate. It is also essential to ensure that any debts or obligations of the estate are addressed before the sale.
The fiduciary of an estate is the court appointed executor, if the decedent had a will, or administrator, if they died without a will. The fiduciary is issued letters by the court that give them the legal authority to collect the assets, pay the debts and make distribution of the property to the heirs.