Negligent administrator

[AdjunctFL]

I drive a truck hauling grain and just stopped for some coffee so if it takes me a minute to reply it's because I'm driving. But PLEASE don't leave me hanging

Outtaplace, this is a forum, not a chat type response. You generally won't get an immediate response to a question. You just need to periodically check back to see if someone has offered a response.

 

[quincy]

She was supposed to secure the estate right? And sell assets if needed, right? Well she blantenly did nothing I would have never lost that house and the estate suffered because of her.! All she had to do was make a payment hell one have been an effort and to at least communicate with me. But she didn't care.!

First, here is a link to the Texas Estates Code that you can read through when you stop for coffee again: http://www.statutes.legis.state.tx.us/Docs/ES/htm/ES.351.htm

You can contest with the court the appointment of the administrator and a hearing will be scheduled.

It is possible to sue the administrator of an estate if the administrator is mismanaging or has mismanaged the assets and liabilities of the estate.

 

[Outtaplace]

Ok I apologize I didn't know the definition of forum

 

[quincy]

Ok I apologize I didn't know the definition of forum

That's okay. Take a look through the information provided in the link and if you have a problem understanding what you read, let us know.

 

[Outtaplace]

Thank you for the response Quincy, she HAS mismanaged the property and estate. On more than one occasion. I do have a hearing with the judge this coming wed. I reckon what I trying to ask is what should I expect and how and what do I need to prepare for? I feel like I will ONLY have this one chance to show them that her neglect to do her job has lead and is the reason the estate suffers a severe loss.

 

[quincy]

Thank you for the response Quincy, she HAS mismanaged the property and estate. On more than one occasion. I do have a hearing with the judge this coming wed. I reckon what I trying to ask is what should I expect and how and what do I need to prepare for? I feel like I will ONLY have this one chance to show them that her neglect to do her job has lead and is the reason the estate suffers a severe loss.

The primary purpose of an administrator is to secure assets while making sure all of the legitimate debts of the deceased are paid. These debts must be paid before there is a distribution to beneficiaries.

If you requested the hearing, the judge will review the administrator's accounting of the actions she has taken to date. You should be prepared to show why you think there has been a mishandling/mismanagement of the estate. Take to court whatever evidence you have to demonstrate this. It helps to order your thoughts on paper, leaving out the extraneous. Concentrate on facts.

You would be smart to consult with an attorney in your area for advice and direction prior to the hearing - and, if possible, have the attorney accompany you on Wednesday.

 

[Outtaplace]

So far, so good. Who appointed the administrator?

Can this administrator discuss my case with someone else?because the guy that wanted to buy my house told me that she was telling him about the truck and car that got replied and told him she was making payments and he told her same thing how could they repo them if the pymnt were being made he is the one that also told me that my house was foreclosed on she should have been one to talk me shouldn't she?

 

[Outtaplace]

So far, so good. Who appointed the administrator?

Can this administrator discuss my case with someone else?because the guy that wanted to buy my house told me that she was telling him about the truck and car that got replied and told him she was making payments and he told her same thing how could they repo them if the pymnt were being made he is the one that also told me that my house was foreclosed on she should have been one to talk me shouldn't she?t

 

[Outtaplace]

The primary purpose of an administrator is to secure assets while making sure all of the legitimate debts of the deceased are paid. These debts must be paid before there is a distribution to beneficiaries.

If you requested the hearing, the judge will review the administrator's accounting of the actions she has taken to date. You should be prepared to show why you think there has been a mishandling/mismanagement of the estate. Take to court whatever evidence you have to demonstrate this. It helps to order your thoughts on paper, leaving out the extraneous. Concentrate on facts.

You would be smart to consult with an attorney in your area for advice and direction prior to the hearing - and, if possible, have the attorney accompany you on Wednesday.

Thank you Quincy, I have tried to contact attorneys in my area and i was told that I won't find anyone to go against another of their own

 

[quincy]

Can this administrator discuss my case with someone else?because the guy that wanted to buy my house told me that she was telling him about the truck and car that got replied and told him she was making payments and he told her same thing how could they repo them if the pymnt were being made he is the one that also told me that my house was foreclosed on she should have been one to talk me shouldn't she?t

I can't tell you why the administrator has done what she has done.

Before selling major assets like houses and cars, the administrator must have these sales approved. As sole beneficiary, you should have been informed of these decisions. A court can authorize the sale of assets, however, if that is what is needed to pay creditors.

Is it possible, since you said your dad's estate was a small one, that assets (like the house and cars) needed to be sold to cover funeral costs and medical expenses?

What an administrator cannot do is sell assets for an inappropriate amount (too low) or not file taxes on time or fail to pay (or overpay) creditors ... or in any other way improperly manage the estate. If it is shown that the administrator failed to adequately manage the debts and assets, the administrator can be held liable for the losses. The administrator can be sued.

The administrator should have recorded all transactions, showing that deadlines have been met and debts have been paid. She should be asked to present these recorded transactions at the hearing on Wednesday. You should have what you believe to be the failures on her part to secure the assets of the estate.

I know that you have thought of the house and cars as yours - and I am sure that your father intended you to have them - but it is sometimes the case that the debts are greater than the assets and the beneficiaries of an estate receive little or nothing in the end.

There are attorneys who handle attorney-malpractice cases. You might want to see if you can locate one of these attorneys in your area for a personal review of your situation and to perhaps accompany you to the hearing.

Good luck.

 

[Outtaplace]

I can't tell you why the administrator has done what she has done.

Before selling major assets like houses and cars, the administrator must have these sales approved. As sole beneficiary, you should have been informed of these decisions. A court can authorize the sale of assets, however, if that is what is needed to pay creditors.

Is it possible, since you said your dad's estate was a small one, that assets (like the house and cars) needed to be sold to cover funeral costs and medical expenses?

What an administrator cannot do is sell assets for an inappropriate amount (too low) or not file taxes on time or fail to pay (or overpay) creditors ... or in any other way improperly manage the estate. If it is shown that the administrator failed to adequately manage the debts and assets, the administraI know that she did not do his taxes and as for the funeral expenses I paid for them alltor can be held liable for the losses. The administrator can be sued.

The administrator should have recorded all transactions, showing that deadlines have been met and debts have been paid. She should be asked to present these recorded transactions at the hearing on Wednesday. You should have what you believe to be the failures on her part to secure the assets of the estate.

I know that you have thought of the house and cars as yours - and I am sure that your father intended you to have them - but it is sometimes the case that the debts are greater than the assets and the beneficiaries of an estate receive little or nothing in the end.

There are attorneys who handle attorney-malpractice cases. You might want to see if you can locate one of these attorneys in your area for a personal review of your situation and to perhaps accompany you to the hearing.

Good luck.

Thank you but I paid for funeral expen expenses myself and I know she did not do his taxes and isn't she supposed to make the house payment and it be up to me if I want to keep making the payments because there's no reason that house should've been foreclosed on like that that I can see and there's no reason for her to talk to anybody else about what's going on in my case and he shouldn't

 

[Outtaplace]

Thank you but I paid for funeral expen expenses myself and I know she did not do his taxes and isn't she supposed to make the house payment and it be up to me if I want to keep making the payments because there's no reason that house should've been foreclosed on like that that I can see and there's no reason for her to talk to anybody else about what's going on in my case and he shouldn't

I would do just that I will look for malpractice lawyer and see if some one can accompany me

 

[quincy]

I suggest you write out a list of your questions and your concerns and go through them one by one on Wednesday when you see the judge. Make sure that everything you have questions about are addressed to your understanding.

You probably do not need a malpractice attorney for Wednesday's hearing. You want an attorney who works with or understands estates of decedents and the roles of administrators in handling estates. You might want an attorney-malpractice attorney later, depending on how the hearing goes on Wednesday.

Good luck, Outtaplace.

 

[Outtaplace]

I suggest you write out a list of your questions and your concerns and go through them one by one on Wednesday when you see the judge. Make sure that everything you have questions about are addressed to your understanding.

You probably do not need a malpractice attorney for Wednesday's hearing. You want an attorney who works with or understands estates of decedents and the roles of administrators in handling estates. You might want an attorney-malpractice attorney later, depending on how the hearing goes on Wednesday.

Good luck, Outtaplace.

Quincy and everybody else that has give me some helpful information I want to thank you from the bottom of my heart I'm going to take yawls advice and do what you say and by the way my name is Marcy thank you

 

[Outtaplace]

Quincy and everybody else that has give me some helpful information I want to thank you from the bottom of my heart I'm going to take yawls advice and do what you say and by the way my name is Marcy thank you

Oh and I forgot to mention it but I had gone to the court and I paid a dollar page to get the Probate file is there anything in there that I should be looking for that might help me