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aaw

special administrator rights

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Long story short, my father died last year. He was in debt. Creditor- also his lawyer- didn't tell anyone in the will anything. He assigned his friend as special administrator while he was a creditor. He took it upon himself to change locks, sell things, let people live there for free, did court dates all without sending anything to any one in the will so no one knew to dispute it. Then last week he made himself special administrator and in this case he sent a letter to 3 out of the 6 people AFTER the court date. In the letter he did send it said he had all and any right to do what he would like with the estate including selling whatever he wants. The special administrator- his friend had no idea what was going on when we called her over the weekend. She said everything was in the lawyers(and creditors) office along with the keys and all paper work. Does all of this sound legal? Do I, the daughter, have to have permission to go into the house? Should I not be receiving updates and letters to notify me about what is going on? Or is this his show now? 

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32 minutes ago, aaw said:

Creditor- also his lawyer- didn't tell anyone in the will anything.

 

Not really sure what this means.

 

 

32 minutes ago, aaw said:

He assigned his friend as special administrator while he was a creditor.

 

Only a court can "assign" an administrator ("special" or otherwise) of an estate.

 

 

33 minutes ago, aaw said:

He took it upon himself to change locks, sell things, let people live there for free, did court dates all without sending anything to any one in the will so no one knew to dispute it.

 

Who is "he"?  The lawyer or the person who was appointed as special administrator?

 

 

34 minutes ago, aaw said:

Does all of this sound legal?

 

No way for us to know because your description of what happened is ambiguous (at best).  What I can tell you is that being administrator of an estate confers precisely zero rights.  An administrator has some power and duties, but no "rights" as a result of being in that position.

 

 

35 minutes ago, aaw said:

Do I, the daughter, have to have permission to go into the house?

 

Your father's house is the property of his estate.  You would need the administrator's permission to enter legally.

 

 

36 minutes ago, aaw said:

Should I not be receiving updates and letters to notify me about what is going on?

 

Depends on the applicable state law (you didn't identify a state) and on what the will says (you didn't tell us anything about what the will says).

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Your references to "he" throughout makes it impossible to determine who, that is your father, the "special administrator", his friend, and possibly others, you are referring to at any point.  Please read it over and substitute names or titles to the various references so we can figure out who is doing what to whom.

 

Also, in any estate matter, the relevant state is critical.

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My apologies. I live in WI. 

The lawyer is owed money from the estate so he is a creditor.  The lawyer asked if his friend to be a apecial administrator.When I spoke with the special administrator she had no idea what was going on and said the lawyer had everything in the lawyers office and the administrator did not know what was going on. 

Because no one in the will knew when court dates were or what was going on since no one ever sent us anything, the court did appoint who the lawyer asked for as special administrator. 

The lawyer changed the locks and sold things. Again, the special administrator who should have been doing these things did not know anything about this. 

The will stated 6 names to who would be receiving anything. My father did assign an executor, but she declined. It wasn't a very elaberate will. It just stated the 6 names who would be in line for any inheritance. The lawyer and the special administrator were not included in this will. The lawyer did co sign a mortgage while my dad was still alive and ended up having to pay most of it. That is why he is a creditor. I realize as a credotor he legally can take control if no one else steps up to the plate, but I would think that we would all have to be updated and aware of decisions being made. I guess that is my question. Can the lawyer as a creditor and not a special administrator do anything he wants with the estate without letting anyone know? 

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No, the lawyer cannot sell things.  Are tne things he is allegedly selling documents that are titled, like vehicles and real estate?  One thing you should do is get a copy of the probate court file.

 

Is it likely the estate is worth anything after the debts are paid?

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