If an administrator is not doing their job, how do we get as new administrator appointed?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 10 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.    


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption