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Estate Administration In Dispute
Summary
If no heirs initiate probate in New Mexico, the court may appoint a personal representative. The state can appoint a non-heir if an heir is unwilling. If you have consent to be an administrator, file a petition with the probate court. Your mothers actions, like shutting off utilities, can be contested if you are appointed. She can challenge your appointment by filing a petition and providing evidence against your actions. Consider seeking legal advice for detailed guidance on filing a petition and addressing potential challenges.Full Conversation
What happens to an estate if neither airs go through probate
Hi Kelly! If no heirs go through probate in Georgia, the estate may be handled as follows:
- The state may appoint an administrator to handle the estate.
- The assets could be distributed according to intestate succession laws.
- Unclaimed assets may eventually escheat (revert) to the state.
Do you have specific details about the estate in question?
- The state may appoint an administrator to handle the estate.
- The assets could be distributed according to intestate succession laws.
- Unclaimed assets may eventually escheat (revert) to the state.
Do you have specific details about the estate in question?
In New Mexico what happens to an estate if neither heirs goes through probate
Hi Kelly! If no heirs go through probate in New Mexico, the estate may be handled as follows:
- The court may appoint a personal representative to manage the estate.
- Assets will be distributed according to New Mexico's intestate succession laws.
- If assets remain unclaimed, they may escheat (revert) to the state.
Do you need any specific information about handling an estate in New Mexico?
- The court may appoint a personal representative to manage the estate.
- Assets will be distributed according to New Mexico's intestate succession laws.
- If assets remain unclaimed, they may escheat (revert) to the state.
Do you need any specific information about handling an estate in New Mexico?
Can the state appoint someone else besides an air for administrator if there is one available
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Yes, the state may appoint someone other than an heir as the administrator of an estate if an heir is available but not willing or able to serve. This person is often a public administrator, attorney, or another qualified individual.
Is there a specific scenario you are dealing with?
Yes, the state may appoint someone other than an heir as the administrator of an estate if an heir is available but not willing or able to serve. This person is often a public administrator, attorney, or another qualified individual.
Is there a specific scenario you are dealing with?
My uncle gave me consent to be the administrator but my mother will not she turned off my utilities without her brother knowing and is not going to do probate
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It sounds like a complicated situation with your uncle's estate. Here are a few important points:
- If your uncle gave you consent to be the administrator, you might need to file a petition with the probate court to be officially appointed.
- Your mother's actions of turning off utilities may be contested if you are appointed administrator.
Would you like more information on how to file a petition for probate in Georgia?
It sounds like a complicated situation with your uncle's estate. Here are a few important points:
- If your uncle gave you consent to be the administrator, you might need to file a petition with the probate court to be officially appointed.
- Your mother's actions of turning off utilities may be contested if you are appointed administrator.
Would you like more information on how to file a petition for probate in Georgia?
I live in New Mexico
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Hi Kelly, to address your situation in New Mexico:
- If your uncle gave you consent to be the administrator, you can petition the probate court to be officially appointed.
- Your mother's actions could be contested if you are appointed as administrator.
Would you like more detailed guidance on how to file a petition for probate in New Mexico?
Hi Kelly, to address your situation in New Mexico:
- If your uncle gave you consent to be the administrator, you can petition the probate court to be officially appointed.
- Your mother's actions could be contested if you are appointed as administrator.
Would you like more detailed guidance on how to file a petition for probate in New Mexico?
How would my mother be able to contest against her actions if I was appointed administrator
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If you are appointed as the administrator of your uncle's estate, your mother can contest your appointment or actions by:
- Filing a petition in the probate court to challenge your appointment.
- Providing evidence that your actions are not in the best interest of the estate.
- Requesting the court to appoint an alternate administrator.
Would you like more specific guidance on how to proceed with your appointment as administrator in New Mexico?
If you are appointed as the administrator of your uncle's estate, your mother can contest your appointment or actions by:
- Filing a petition in the probate court to challenge your appointment.
- Providing evidence that your actions are not in the best interest of the estate.
- Requesting the court to appoint an alternate administrator.
Would you like more specific guidance on how to proceed with your appointment as administrator in New Mexico?
My mother has not spoken to her mother who is the deceased for over 10 years I have been living with the deceased for over 10 years my uncle gave me consent to be the administrator of her estate but my mother will contest against it I still currently live in the house. Yet my mother decided to shut off all the utilities without consulting with her brother who is an heir. If you were to contest against me to be an administrator would her actions be justifiable. And this is for New Mexico
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Your mother's actions of shutting off utilities without consulting the other heir (your uncle) could be seen as questionable, especially if you are living in the house and have been given consent by your uncle to be the administrator. However, your mother can still contest your appointment.
Would you like specific guidance on how to proceed with your petition for appointment as an administrator in New Mexico?
Your mother's actions of shutting off utilities without consulting the other heir (your uncle) could be seen as questionable, especially if you are living in the house and have been given consent by your uncle to be the administrator. However, your mother can still contest your appointment.
Would you like specific guidance on how to proceed with your petition for appointment as an administrator in New Mexico?
Yes
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Would you like to be connected to local lawyers who can better assist you with your case?
Would you like to be connected to local lawyers who can better assist you with your case?
No
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If you need specific guidance on how to proceed with your petition for appointment as an administrator in New Mexico, you should:
- File a petition with the probate court in the county where the deceased lived.
- Provide documentation of your uncle's consent.
- Be prepared to address any challenges your mother may raise.
Would you like more detailed steps on how to file a petition, or do you have any other questions?
If you need specific guidance on how to proceed with your petition for appointment as an administrator in New Mexico, you should:
- File a petition with the probate court in the county where the deceased lived.
- Provide documentation of your uncle's consent.
- Be prepared to address any challenges your mother may raise.
Would you like more detailed steps on how to file a petition, or do you have any other questions?
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