Can I Resign as Administrator in Texas?

[dganley]

What is the name of your state (only U.S. law)? TEXAS

My brother and I were appointed independent Co-Administrators (submitted COPY of signed/notarized Will to court) of my step-mother's estate. My father and step-mother executed "exact" Wills (with a by-pass trust in 2000). Their combined estate in 2000 was approximately $700K+. My father died in 2003. We found out after we were appointed Administrators that my step-mother changed the IRA beneficiary from the estate (after my father died), to her two natural daughters (there are five heirs in all - two natural children and three step-children). My stepmother died in April 2010, and we have learned that she has literally blown all of the money - besides the IRA account going to my step-sisters, the only other asset is her home which is currently listed on the market. In the meantime, my brother and I have been paying the monthly utilities, and the dwelling insurance which is costing $600. a quarter. We can no longer continue paying these bills. I don't know if I'm receiving ALL of the advice my board-certified estate attorney should be telling us. The attorney stated that if the property insurance lapses and the house burns down, that my brother and I will be liable - even though we have notified the attorney in writing that we no longer have the funds to pay the quarterly premiums.

My step-mother's Will also states that the Executor/Administrator may resign at any time, without cause. But my attorney (who doesn't want us to resign because our $5K retainer fee has just run out), is telling us that it doesn't matter what the Will states, it's up to the judge, and more than likely the judge wouldn't approve the resignation. We are in a Catch-22 situation. I'm not sure I know what to believe, please help if you can.What is the name of your state (only U.S. law)?

 

[tranquility]

Why are YOU paying any bills? My goodness. Stop doing that.

To answer your question, no, you can't just resign. The judge must approve it once you are appointed. However, the judge will usually approve it. In this case, he might not, but you can try. I didn't try to figure out all the facts from your post, but it seems there are a lot of problems to deal with and I am uncertain if you have had good advice from your attorney. You can always seek out another.

 

[dganley]

Thank you for your quick reply.

After being appointed Administrator, I went to my step-mother's bank, and her account had little money in it. I have searched income tax returns, etc. and there are NO assets. I was told it was my responsibility to protect the estate (her home), until it is sold. Who is supposed to pay for the property insurance if there is no money in the estate?


My attorney knows I'm paying for the insurance, and has warned me that if the coverage lapses, I'm responsible if the house burns down!

 

[justalayman]

you need to use estate funds to pay for the estate expenses. For anything you have paid out of pocket, you need to file as a claim against the estate and that includes the cost of the attorney for the estate.

So, apply to the courts to be released from the position of administrator.

but if the only asset remaining is the home and that is all that is holding up finalizing probate, sounds like it's time to sell the home. If it won't sell at the price it is priced at, then it is priced too high. You might look into the viability of an auction as well. You typically will not get as much at auction as you would on a general type of sale but if there are no other assets in the estate, the longer you hold it, the more it costs the estate to simply hold it. Right now it is costing the estate (or it should be the estate) at least $2400 per year.

Of course, if you don't want to sell at auction, you could rent it to provide income for the estate so it will be able to pay its own bills. Being a LL can be an extreme amount of work though.