What is the role of the independent Administrator/Executor of an estate?
One sibling was the guardian of my parents until they recently passed away. That sibling, with the help of an elder care attorney, was in the process of becoming the administrator/executor of the estate until another sibling obtained their own lawyer and filed against having the other sibling assigned, the Judge ruled that an independent person would be appointed. It's disgusting since there are now 4 lawyers involved which may all eventually get paid by the estate, my parents worked hard their entire lives for this!! One sibling is suggesting the locks be changed on their home because that one sibling (who was opposing everything) took some expensive items out of the home on one occasion. With the minimal time I have available, I have been going to the house, cleaning out their stuff/giving things away, my parents would never want strangers going through their belongings. If the independent person changes the locks (as recommended by one of my siblings), do I then have to ask each time I want to go over there and clean stuff out? or is it automatic that they take over that role? I now feel like I need to rush to do all this stuff in such a short period of time.....should I reach out to the independent administrator directly? very overwhelming time....any information is appreciated.
3 Answers
Popular Questions
Related Questions
- Letter of promise vs. a living Will under contract, which one will be on top?
- Can part of assets from parents home be used as a loan to me to construct an accessory dwelling on my property for parents to live-in?
- What's the difference between elder law and estate planning and how to choose a good one?
- Mom is under "estate recovery" program. Who is responsible for property upkeep?
I've never had an experience with an independent court appointed estate administrator, but generally speaking I think these would be considerations and potential responsibilities:
1. It is apparent that there are some conflicts between the siblings, so the administrator would be charged with focusing on carrying out the terms of the Will, without regard for the individual siblings' disagreements and/or desires. Anyone who tries to backstab or interject sibling rivalry will be told in short order it's not going to happen - the Administrator will not tolerate this behavior.
2. The tasks would be established in the Court's Order of appointment, and would likely be broadly described in terms of methods for carrying out the Will's terms. Wording something to the effect that the Administrator is authorized to effectuate the Will's terms in a manner deemed appropriate by that Administrator, and further that the Administrator in his/her sole discretion has authority to determine how that Will's terms would be effectuated.
3. Siblings taking things from the house might be handled by the Administrator changing the locks but providing no one access, or providing access for all siblings at one time, under the Administrator's supervision. How the assets are or are not specifically identified might be a factor, i.e., if specific bequests are made, those would be set aside for that bequest and separated from the general assets in the house.
4. I would have thought that the Court would order copies of its appointment Order sent to all siblings. That should address his/her responsibilities.
5. If it doesn't, the siblings really should try to get together and create a list of questions to submit, or meet with the Administrator. But the Administrator will not get involved in mediating between the siblings so all friction needs to be set aside for any such meeting.
6. The Administrator's fees likely will come from the estate's assets. So anytime you contact him/her, it most likely will be a billable charge.
7. I don't know what rates an Administrator would be allowed, but I would expect at a minimum $200 to $250 an hour, and possibly higher.
Depending on your state, probate can be dependent or independent & each way has different requirements as to how done. But that's very different than someone named outside of family .....if its this situation there better be a huge estate as legal costs will eat up funds.
Was the will entered ruled as valid? And who named in the will to be executor?
Who got Letters testamentary? Whomever got LT is in charge, personally I would stop doing anything at the house anymore as its not your role to do. If that means yard gets overgrown, or broken into, not your problema.