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Does conservator usually become administrator?

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C

child of law

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

My aunt has been in a nursing home over the last year or so. One of my cousins was appointed conservator to handle her affairs. The family members were not notified of the court decision. Should we have been notified? Since we were potential heirs due to intestate, should we the heirs have been provided with a full accounting of my aunt's estate while my aunt was living under conservator?

Now the same aunt has died. Is the conservator automatically appointed administrator? The conservator thinks so, and my aunt had no will to say who it should be. The conservator is not an heir of the estate. Also the conservator has taken possessions of my aunt's possessions. Does the conservator have to give the possessions back to the estate or purchase them from the estate?
 


A

anteater

Senior Member
child of law said:
My aunt has been in a nursing home over the last year or so. One of my cousins was appointed conservator to handle her affairs. The family members were not notified of the court decision. Should we have been notified? Since we were potential heirs due to intestate, should we the heirs have been provided with a full accounting of my aunt's estate while my aunt was living under conservator?
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I can't answer specifically for TN, but I doubt that any required notification would extend as far as nieces/nephews. The conservator reports to the court and is required to account to the court.

34-3-108. Discharge of conservator — Modification of duties — Termination — Final accountings and distribution of assets. —

(e) When the disabled person dies or the court earlier determines a conservator is no longer needed and issues an order terminating the conservatorship, the conservatorship shall terminate. Within one hundred twenty (120) days after the date the conservatorship terminates, the conservator shall file a preliminary final accounting with the court, which shall account for all assets, receipts and disbursements from the date of the last accounting until the date the conservatorship terminates, and shall detail the amount of the final distribution to close the conservatorship. If no objections have been filed to the clerk's report on the preliminary final accounting within thirty (30) days from the date the clerk's report is filed, the conservator shall distribute the remaining assets. The receipts and final cancelled checks evidencing the final distributions shall be filed with the court by the conservator. When the evidence of the final distribution is filed with the court and on order of the court, the conservatorship proceeding shall be closed.
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Now the same aunt has died. Is the conservator automatically appointed administrator? The conservator thinks so, and my aunt had no will to say who it should be. The conservator is not an heir of the estate. Also the conservator has taken possessions of my aunt's possessions. Does the conservator have to give the possessions back to the estate or purchase them from the estate?
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No, the conservator does not automatically become administrator of the estate. You mentioned that there is a living brother of the deceased. If that brother wished to serve as administrator, the court would probably give preference to the brother. If it comes to a choice among several applicants of equal kinship to your aunt, the court might be inclined toward the applicant who had served as conservator simply due to the conservator's familiarity with the aunt's estate.

After the administrator is appointed, the conservator would transfer any assets to the administrator.

30-1-106. Preference in granting of letters. —

When any person dies intestate in this state, administration shall be granted to the spouse of that person, if the spouse makes application for administration. For want of application for administration upon the part of the spouse, the administration shall be granted to the next of kin, if such next of kin apply for it. If neither the spouse nor next of kin make application for administration, then administration shall be granted to a creditor proving the decedent's debt on oath before the probate court; provided, that when there is more than one next of kin, the probate court may decide which of the kin shall be entitled to the administration.
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C

child of law

Junior Member
Thank you for the very informative reply. The living brother is not able to be administrator due to failing health. The conservator is his child. Although the conservator is a child of the living brother, that child will not be a direct heir at the present time. Those of us who are heirs are concerned that the money left in the estate might not be used wisely. Some of my aunt's possessions have already been tucked away by the conservator for their own benefit.
 
L

latigo

Senior Member
NO!

The conservator IS NOT automatically appointed administrator of the ward’s estate! In fact it doesn’t sound like this person can claim any priority whatsoever to such an appointment.

BUT you people need to stop wasting valuable time surfing around on the Internet and sit down with a Tennessee based attorney practicing probate law. Like YESTERDAY!
 
C

child of law

Junior Member
latigo said:
NO!

The conservator IS NOT automatically appointed administrator of the ward’s estate! In fact it doesn’t sound like this person can claim any priority whatsoever to such an appointment.

BUT you people need to stop wasting valuable time surfing around on the Internet and sit down with a Tennessee based attorney practicing probate law. Like YESTERDAY!
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Thank you for your answer. I know you are right, and don't you know I have thought about this at least 100 times. The issue is do I hire an atty and file a petition and use up more of the estate money, or do I try to keep the peace with my cousin and allow them to proceed as is. I will be giving it much thought in the next day or two.
 
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