If the administrator of an estate is not able to financially afford a lawyer, probate fees and funeral and other estate related costs, what options do they have?

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If the administrator of an estate is not able to financially afford a lawyer, probate fees and funeral and other estate related costs, what options do they have?

The family of a deceased family member is authorizing me to be the administrator for the estate. I am not related to the deceased family member but I have been paying rent for living in the deceased member’s house. The home is in foreclosure and there is no Will.

Asked on December 16, 2012 under Estate Planning, Maryland

Answers:

Victor Waid / Law Office of Victor Waid

Answered 8 years ago | Contributor

The administrator is typically paid out of the assets of the estate. The family member will need to file a petition into probate to have you appointed administrator. The family member should come up with the filing fees, and it seems the necessary funds to save the residence from foreclosure. The family member needs to obtain the assistance of a probate attorney to assist this process, and to have the court order  you appointed the administrator; until that is done you are not an administrator, and cannot accept that position.


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