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Estate Administration Questions

What is estate administration?

Estate administration is the process that may come into action if the deceased person does not leave a will or leaves out some of their assets from the will. There may be many aspects and nuances of administering an estate that a layman may not understand. Given below are important questions about estate administration that are commonly asked.

Can a house with a right of survivorship be considered a part of small estate administration?

A house with a right of survivorship may not be considered a part of small estate administration. It will pass on to the spouse of the deceased person by the operation of law.

How much can an estate lawyer charge for their services?

An estate lawyer’s fees may depend on the size of the estate that has to be taken care of and the amount of work that may be required. The minimum amount that an attorney may charge for estate administration may be $2500. In most situations, 5% of the first 100,000 value of the estate may be charged and between 1 and 4% of the remaining value above 100,000 may be charged.

What should the maximum value of an estate be in Maryland to qualify for small estate administration?

An estate may qualify for small estate administration if its value is less than $20,000 in Maryland.

What can an individual do if they he/she does not get any information about the estate from its administrator or the attorney?

If an individual does not get information about an estate from its administrator, then he/she may send a certified letter asking the administrator for an update on the administration. The individual may also ask the administrator to include a full accounting report, an inventory of assets and a timeline for the remainder of the administration in the update. The individual can also state that if the administrator does not send the update in a specified time period, they may petition the probate court to change the administrator on grounds of breach of fiduciary duty.

Can the heir of an estate challenge its administration and the probate of a will?

An heir of an estate may be able to challenge the probate of a will and its administration only if they he/she is able to provide facts to prove his/her challenge.

Would an investment account be a part of small estate administration in Alabama?

An investment account whose value is not more than $25000 may be a part of small estate administration in the state of Alabama.

Can an individual be blocked from being an administrator of an estate in New Hampshire?

An individual may be blocked from being an administrator of an estate if it is proved that he/she is incapable of performing his/her duties towards the estate efficiently. The appointment may also be blocked if another beneficiary applies to be the administrator.

Can an individual who is not a direct relative of a deceased person apply to be the administrator of their estate in Georgia?

An individual who is not a direct relative of a deceased person may apply to be the administrator of their estate with an annexed will in Georgia if there is unanimous agreement among all the beneficiaries.

Dealing with the property of a deceased individual who has not left a will can be difficult. There may be various aspects to the property that needs to be handled carefully. You may also have to make sure that the distribution of property takes place without any confusion. Various doubts and questions may arise about the administration of the estate in such situations. You may ask an Expert if you have any questions about administration and execution of an estate.
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Recent Administration Questions

  • My father died 16 June 2014 and my step-mother is in a nursing

    My father died 16 June 2014 and my step-mother is in a nursing home with Alzheimer. My step-brother refuses to give me a copy of the will. Why? Is he hiding something? How can I get a copy?
  • My uncle died with no will. His wife is deceased, and all

    My uncle died with no will. His wife is deceased, and all his siblings preceded him in death. In Virginia does the estate pass directly to the nieces and nephews?
  • My husband and I are getting ready to put together our Living

    My husband and I are getting ready to put together our Living Will and Trust and we need some guidance on particular aspect. We do not have any children and we have allocated a portion of our estate to family members and friends however we want the majority of our estate to placed into a fund that we want set up specifically for the purpose of establishing a no-kill animal shelter in our community. We do not want this facility/program to be in any way associated or controlled by the high-kill animal shelter that is currently owned by our city and managed by our city police department. The goals of the new shelter will be the same as most animal shelters as it will employ trained animal control officers, offer free or low cost spay/neuter and basic veterinary services, and a trained staff to care for the animals. However, unlike the current city owned and operated animal shelter, the staff at the new shelter will be required to pursue all violations of state animal cruelty laws and the facility will be required to provide proper care to all of the animals that are living on the premises, which includes appropriate veterinary care. How do we go about putting something like this in writing. We are thinking about contacting Tony LaRussa's ARF to see if they might be willing to oversee the administration of the funds we want to bequeath towards this goal. But for right now, we just need to know how best to describe or label the "beneficiary" of this portion of our estate, just in case something terrible happens to us before all of the specific details have been ironed out. Do we set up an initial basic trust fund with our bank? We don't really want to leave the funds with any of the local rescue organizations because they don't have the type of personnel that would be required to set up a facility/program of this nature. Any advice would be appreciated.
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