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administrator not doing right by estate...

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fallenpenny

Junior Member
What is the name of your state (only U.S. law)? Nevada

My stepfather died last summer without a will. He owned a trucking business which was having lots of financial problems. My brothers appointed his secretary as administrator to his estate ( way too fast in my opinion) because she knew about his business. Anyways, we came to find out that she sold all of his trucks and trailers in the business to a rival of his for an incredibly low price and getting any info from her about the status of the estate is next to impossible. Is she allowed to do this and is there any recourse my brothers can take? Thanks for any help..
 


Dandy Don

Senior Member
Has she sent the brothers a letter notifying them about pending probate court hearings? They need to at least attend the court hearings or get their own attorney to get their questions answered about what she is doing with the estate. Aren't there other assets in the estate that they are likely to inherit from? A surviving spouse is entitled to a certain portion of the estate and the children get what is left after that.
 

latigo

Senior Member
Certainly your brothers have legal recourse! There's a thief in their midst.
(That is, they have recourse if they have some legitimate interest in the estate, which I assume they do.)

But they are going to need an attorney experienced in probate practice. There ain’t no other way! And it needs to be done quickly.

That stated, since only the probate court could order the appointment of the administrator of the estate how did your brothers have a hand in it. Did they decline in favor of the secretary?

But why would they step aside and allow an employee to take charge of their father’s estate? Couldn’t a family member have applied and then consulted with the secretary about the condition of the business, the inventory and its financial condition- when and if necessary? It looks to me as if they elected to avoid an unpleasant task and are now suffering for it.

But I can assure that they will continue to suffer until they reach in their pockets and hire the attorney.

(Incidentally, don’t pay any heed to the pervious responder’s insensible questions. That person knows less about law than you do. Guaranteed!)
 

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