Who Will Be the Administrator of the Estate?
If there are several children, who will be the administrator? That is a tough question to answer, however, when families are cooperative with each other, then it should be one who is closest to the estate or assets. Simply for the reason that it’s easier for that child to protect and manage the asset such as a house if they live nearby rather than another state.
However, that is not always the right answer if that individual does not have the time or know how to do it. However, when you retain an estate attorney, they can give the family and the administrator, sometimes called a fiduciary, guidance as well as legal advice.
If the children, siblings, those left behind, are not getting along and are not cooperating with one another – then who will serve ?? Well, sometimes, and generally will be the first one to the court house to file the papers. In other situations, it will be the one that most the family want to serve, in other words, majority rules. In either case, you need to consult with an attorney’s office to determine your rights.
Someone who has been convicted of a felony may not serve. Someone who is not of good honest moral character should not serve. The sooner you act, the better your chances are in serving the fiduciary. It’s the old saying – you snooze, you lose. Sometimes that happens.
However, keep in mind that this information is general information and every case is different. The facts and circumstances are different in every case. You should always see an attorney and never rely on anything you read on the internet as apply to your situation. It’s impossible to write here in this article each situation or what facts can change your standing or rights to serve.
However, the internet should be used to educate one so that you can ask all the right questions and do your own research to make an educated decision.
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AUTHOR: Law Office of Bonnie Lawston
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.