QUESTION
How can I become the administrator of my deceased father’s estate and assets?
Asked on Nov 10th, 2012 on Personal Injury - Pennsylvania
More details to this question:
My dad was killed on the job in an accident and now I have filed with the probate court to become administrator. There's four other children involved and two of whom can’t be trusted with my dad’s final remaining personal belongings and accounts.
23 ANSWERS
Ronald A. Steinberg
The Probate Court will decide if you are the most competent and honest person to handle it.
Answered on Nov 29th, 2012 at 7:37 AM
Shadi Ala'i AlaiShaffer
Sorry for your loss. It appears you are taking the right steps but the best way for you to get the answers you need is to get a consultation with an attorney.
Answered on Nov 14th, 2012 at 7:46 AM
Trust Attorney serving Cincinnati, OH
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Paul A. Nidich Attorney at Law
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Did your father leave a will? Has an application for Workers' Compensation been filed? You probably need an attorney. Hire one soon, so you don't miss a deadline or mess up.
Answered on Nov 14th, 2012 at 7:38 AM
Thomas Edward Gates
You need to file a petition with the court to be appointed administrator. The other children must agree to this. If that cannot be done, then a hearing is held for the court to determine who is the best one to administer the estate.
Answered on Nov 13th, 2012 at 4:04 PM
Bankruptcy Attorney serving Alpena, MI
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Carl C. Silver Attorney at Law
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You answered your own question. You filed with the local probate court a petition to probate your father's estate and that you be appointed personal representative. (The terms administrator and executor are no longer used).
Answered on Nov 13th, 2012 at 4:02 PM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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The court will hold a hearing to make the determination. You should contact an attorney to ensure that you are well represented.
Answered on Nov 13th, 2012 at 4:00 PM
3 Awards
You have answered your own question. You allege that you filed with the probate court. You need to comply with the required noticing provisions. If you have questions, you should seek legal counsel.
Answered on Nov 13th, 2012 at 3:59 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Obtain the services of a probate lawyer NOW to assist you; the fees come out of the estate assets; Further you have distinct legal matters here. The estate will need to file a legal action against the employer of your deceased father, maybe under the workman's comp statutes or third liability statutes if the accident was caused by some material defect in equipment, other than the work site. The probate lawyer will guide you through the whole process, which may be a bit lengthy because of the accidental death of your father.
Answered on Nov 13th, 2012 at 3:58 PM
If your siblings all agree and sign off, you can be named the executor for the estate. If not, you will need to convince a probate court judge that you are the best person to take on that task.
Answered on Nov 13th, 2012 at 3:57 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Well, if you've filed to be administrator, then you're in charge. Move to secure your father's home, make sure everything is insured. The personal property will tend to disappear, so you'll either have to get it in safekeeping or get over it usually it's not worth enough to sue anybody over.
Answered on Nov 13th, 2012 at 3:57 PM
You become the administrator when the court appoints you. You application to become appointed administrator will be considered by the court and, if no one objects, you will be appointed. If there is an objection, the court will hold a hearing and pick the administrator.
Answered on Nov 13th, 2012 at 3:56 PM
Sorry for your loss. If you are over the age of 18, and especially if you can get the other siblings to support you, you can petition the court, after filing the Will for probate, to appoint you as administrator. you probably will want an attorney to advice you as to the necessary steps in the probate [the attorney is paid from the estate assets and not your pockets]. There may be a Workers' Compensation death benefit of a large sum and perhaps a suit against any third party whose action or in actions contributed to the death of your father. There are Nolo Press books on how to handle estates; past volumes will likely be in your public library. You can also go to a law library and try to do some additional reading [also the Probate Code], but that might be difficult for you to understand. Good luck.
Answered on Nov 13th, 2012 at 3:56 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Most wills name the person who is to be the administrator/personal representative. You need to look at the will.
Answered on Nov 13th, 2012 at 3:55 PM
Civil Litigation Attorney serving Aptos, CA
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Richard E. Damon, P.C.
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Tell the judge your story.
Answered on Nov 13th, 2012 at 3:55 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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That is an issue for the clerk of court to decide. Get you a lawyer who regular ly does work before the clerk.
Answered on Nov 13th, 2012 at 3:54 PM
Trusts & Estates Attorney serving Berkeley, CA
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Law Office of Scott Pesetsky
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If you have filed to become administrator, then you are on the right track. However, if your situation is complicated by family strife, I recommend that you be represented by an attorney, so that you make your best choices going forward.
Answered on Nov 13th, 2012 at 3:54 PM
Federal Taxation Attorney serving Livonia, MI
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Gold & Associates PC
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You do it by filing with the probate court as you said you did.
Answered on Nov 13th, 2012 at 3:53 PM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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You need an attorney. Good luck.
Answered on Nov 13th, 2012 at 3:52 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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Consult an attorney.
Answered on Nov 13th, 2012 at 3:51 PM
There are specific rules to follow and forms to file in the probate court for your county which can be used to have someone named as an administrator of an estate, some with different powers attached. Was there a will involved? Of course, if other siblings want to contest, that is possible. Your best cause of action may be to contact an attorney who handles probate matters.
Answered on Nov 13th, 2012 at 3:51 PM
If the children cannot agree, the court will have to appoint the executor.
Answered on Nov 13th, 2012 at 3:50 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It sounds like you have already made the filing. It is now up to the other interested parties to decide whether or not they will accept your appointment or object to it. If they object, it will be up to the judge to decide, but judges often "punt" in such situations, and if the family cannot agree, they place a public administrator in charge of the estate.
Answered on Nov 13th, 2012 at 3:14 PM
General Liability Attorney serving Harrisburg, PA
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Abom & Kutulakis, L.L.P.
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You should consult with and retain an attorney. In PA if one dies without a Will, his/her children may be appointed to be the administrator of the estate. All of your siblings would be given notice of the opening of the estate and may opt to renounce their role as co-admin.
Answered on Nov 13th, 2012 at 3:14 PM