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What is a Estate Administrar and Can they Take all the Deceased Assest and Not Split equally with Other Adult Child?


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#1 AngelintheFlesh

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Posted 26 October 2012 - 02:41 AM

In April of 2012, my father passed away of cancer. At the time of his death, he did not have a written will. He has 2 grown children, myself and my half brother. Recently , my half brother took over as Estate Administrator, since nobody was appointed to handle my fathers estates. My father owned 2 houses valued at total of $122,000. What is my rights as his daughter to those houses , if they are sold for cash money? Just because my brother took over as Estate administor does not give him the right to take the entire money profits from my dads houses. As his daughter I should get half of the estate money, once the houses are sold. Remember, since he had no will, and we are his only children, that money should be split equally between us both. The problem is, the brother wants to take all the money from the houses and that is wrong.
Can he legally do this, just because he is Estate administror of the property? I could not take on that title because my dad lived over 2000 miles away from me and I could not travel to manage that property or estate.
Tell me what I can do , so I can also get my part of the money from the sell of his houses.

Thanks

#2 harrylime

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Posted 26 October 2012 - 05:01 AM

Was your half brother actually appointed by the court to administer your father's estate?

You don't mention your state, but, if your father did not have a surviving spouse or parents, then it is almost certain that the net probate estate would be shared between you and your half brother. (I mention parents because there are, I believe, a few states where surviving parents are entitled to share in the estate if the deceased had no surviving spouse.)

Your half-brother has no special entitlement by being the administrator, although he is entitled to statutory or reasonable (depends upon the state) compensation for his work as administrator.

If you mention the state, someone here may be able to give you a better idea of what should be happening during administration of the estate. Or you could do a search with terms like:

yourstate probate process

#3 pg1067

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Posted 26 October 2012 - 06:50 AM

my half brother took over as Estate Administrator, since nobody was appointed to handle my fathers estates.


This statement is a little inconsistent. "Took over" implies that someone was doing this job before him. In any event, was your half-brother appointed by the probate court as administrator of your estate.


My father owned 2 houses valued at total of $122,000. What is my rights as his daughter to those houses , if they are sold for cash money?


The two houses combined were only worth $122k? Or do you mean that's how much equity they had/have? In any event, when an unmarried person with children dies without a will, the children are entitled to equal shares of the net proceeds of his estate. "Net proceeds" means whatever is left over after assets have been liquidated and debt is paid.


Just because my brother took over as Estate administor does not give him the right to take the entire money profits from my dads houses. As his daughter I should get half of the estate money, once the houses are sold. Remember, since he had no will, and we are his only children, that money should be split equally between us both. The problem is, the brother wants to take all the money from the houses and that is wrong.
Can he legally do this, just because he is Estate administror of the property?


It seems to me that you (correctly) answered your own question.


Tell me what I can do , so I can also get my part of the money from the sell of his houses.


Since you are apparently not local to the administration of the estate, I suggest you hire a lawyer in the area to do whatever is appropriate under the applicable state law. Note, by the way, you only said that your half-brother wants all the money. You didn't say he is actually doing anything unlawful or improper.

#4 Guest_FindLaw_Amir_*

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Posted 26 October 2012 - 02:17 PM

As the previous poster stated, you may want to discuss this matter with a local Probate and Estate Administration Lawyer to address.

#5 ekglaw

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Posted 02 November 2012 - 08:00 AM

Since there was no will the probate xourt must appoint someone to be the estate administrator or personal representative. In this case it is the brother and if there is no will then probate assets such as proceeds from the sale of a house should be equally split amongst decendants or children depending on the jurisdiction anf he should not be able to take everything. This is why there is a probate court. If you feel the estate is not being handled properly contact the probate court or a probate attorney.
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