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You should consult with an attorney who specializes in probate. The attorney can guide you to perform your duties as the administrator according to the provisions of your state laws.

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7y ago

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What happens if an administrator does not have mental capacity to adminster the deceased's estate?

They can be replaced by the court. A petition to the court can be submitted and a new executor appointed.


How do other siblings contest if your Mother left no will and one sibling appointed himself as administrator of her estate?

A sibling cannot appoint himself the administrator of an estate. Only the probate court can make that appointment. He needs to petition the court to be appointed and if you have objections you can submit them to the court. There will be a hearing and the court will review your objections. Another sibling could request appointment and the heirs could voice their approval of that other sibling as administrator. The court will render a decision after considering the testimony and appoint the administrator. Only a court appointed administrator has legal authority to settle the estate. You should consult with an attorney who specializes in probate who can review your situation and explain your options.


How do you redeem travelers checks of deceased owner?

You need to be appointed Administrator of the estate.


Should the SSA be appointed as a guardian for someone who is deceased in the state of SC or should it be his spouse?

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.


What happens when an estate administrator dies?

If the person left a Will the Will will identify who the administrator (executor) of the estate is to be - only this person can anministor the estate. If there is no Will then the state will appoint an administrator (there will be country specific laws relating to how this happens).


Who has more rights to be appointed administrator od deceased fathers estate?

The rights to be appointed administrator of a deceased father's estate typically depend on the laws of the jurisdiction and the deceased's family structure. Generally, the hierarchy often prioritizes the surviving spouse, followed by adult children, parents, and then siblings. If there are no immediate family members, a distant relative or a close friend may be considered. Ultimately, the court will decide based on these factors and the specific circumstances of the estate.


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.


Are children or siblings responsible for deceased estates?

As long as the children are adults and there is no surviving spouse the children would qualify to probate the estate. If there was no will one must petition to be appointed the administrator of the estate. You should consult with an attorney who specializes in probate law in your area.


Who is appointed administrator when intestate?

State laws vary on who can be appointed the administrator of an estate. Generally, the surviving spouse is favored. If there is none or they decline, a child or other heir at law. Generally, it must be someone who is an interested party. A creditor can be appointed.


Who should settle an estate when a person dies intestate and did not know he had an adult child living in another state?

The surviving spouse or the adult child can petition to be appointed the administrator of the estate. You can check the state laws of intestacy at the related question link below.The surviving spouse or the adult child can petition to be appointed the administrator of the estate. You can check the state laws of intestacy at the related question link below.The surviving spouse or the adult child can petition to be appointed the administrator of the estate. You can check the state laws of intestacy at the related question link below.The surviving spouse or the adult child can petition to be appointed the administrator of the estate. You can check the state laws of intestacy at the related question link below.


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.


Is it possible to cash a check payable to the estate of?

You cannot cash such a check unless you have been duly appointed by the court as the Executor or Administrator of the estate.