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Liability of an Administrator?

  • Thread starter Thread starter joseph17
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joseph17

Guest
What are potential liabilities which an Administrator should be aware of before accepting that duty?

Here's the twist:

Due to confidentiality reasons, I can't divulge the State, however, as a State worker, I may be asked to become an Administrator of an estate, in which no family member wants to become Administrator, because there is a State welfare lien. The attorney general's office would be my attorney, and direct me on how to fill out proper paperwork to become Administrator, in order to collect on the lien from the assets of the estate.

Although I've been assured their is minimal liability and the State would protect me legally, does anyone see any problem with this arrangement? I am afraid of potential lawsuits against me personally.

thanks
 


ALawyer

Senior Member
If you serve as Administrator I don't see why you should not be able to select your own lawyer, who would be paid out of the assets of the estate, while you would be paid the administrator's statutory fee, rather than a state government or state appointed lawyer advising you -- the state lawyer is in a potential conflict of interest situation as while nominally representing you as Administrator he or she is actually seeking to recover money for the state from the estate. I would suggest that you offer to do it if you could retain an independent lawyer -- then you can be confident lawyer will keep you out of any difficulty.
 

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