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 its 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 advise. 

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 s the fiduciary.   It’s the old saying – you snooze, you loose.  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 blog each situation or what facts can change your standing or rights to serve. 

However,  the internet and blogs 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. 

We offer free consultations – just call.


About BonnieLawston

I am an Estate Attorney. I have been practicing for over 18 years. We handle contested matters, litigation, administration of estates and trusts, creation thereof as well as elder planning, preparation of Wills, trusts, power of attorney, living will and health care proxy documents. We are a full service firm in that we handle sending people out to secure a vacant home, do repairs if needed, secure the home, to filing the papers and obtaining the necessary court orders to administ the estate. Many of our clients live outside of New York and serve as the fiduciary of the estate. The estate must be in New York - the decedent must have some property in New York for us to help the executor. We offer senior citizen discounts, other types of discounts, hourly and percentage retainers. If the client and estate qualifies, we can offer a retainer whereby our office is paid at the end of the estate of upon collection of an asset so that no money is laid out thus it is not a hardship for the family. Please contact us and let us help you.
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