Who would you complain to about a court appointed administrator?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Who would you complain to about a court appointed administrator?
Aren’t court appointed probate administrators supposed to be impartial?
Asked on September 17, 2010 under Estate Planning, Tennessee
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
An Administrator of an estate is also known as a personal Representative of the estate or a fiduciary of the estate and yes, they are supposed to be impartial but to have the best interests of the estate in mind. When you say "court appointed" do you mean that someone applied to be the administrator of the estate because there was no Last Will and Testament left by the decedent? Or do you mean that the court appointed what in some states is known as a "public administrator" because no one else wanted to be the administrator of the estate? If it is the former and that person is not handling things the way you think that they should be - and I would consult with an attorney about your concerns - then you can file a Petition to have them removed. You need cause, it will be out of pocket to you and the administrator has a right to be represented with estate funds (meaning that the assets of the estate will be deleted for legal fees). I am not trying to deter you from acting only giving you an overview of what can be. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.