If an administrator is not doing their job, how do we get as new administrator appointed?
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If an administrator is not doing their job, how do we get as new administrator appointed?
It has been 2 1/2 months since my aunt passed away. She had an estate of 34 rental houses. The Will that was filed for probate was contested. Our lawyer suggested a temporary administrator be appointed and so the court appointed our lawyers partner. He is not doing this job well at all. No bills have been paid, even mortgages are overdue. One company is sending foreclosure notes to tenants. We know there are property taxes due and they too have not been paid. The temporary administrator claims he is working but nothing has been done. Is there any way I can be appointed as temporary administrator? Do we have a case against this current administrator?
Asked on April 27, 2011 under Estate Planning, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You have every right to request that the administrator be removed if in fact he is, as you believe, not acting within the best interest of the estate. And you have every right to request that the court appoint you as the administrator of the estate in his place. You may need to hire an attorney out of pocket to bring a motion before the court to have him removed and you substituted in his place. And you may want - if you are indeed appointed - to consider switching estate attorneys as well. And once you so that I would take a good look at what he has and has not done to maintain the estate. If he has not been acting in the estate's best interest then you should consider taking action. But you will need help with that as well. Is there a bond posted? Then you are in good shape. Good luck.
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