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Can we get a emergency court appointed administrator for my fathers estate that is currently in discovery?
Marietta, GA
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Posted about 1 month ago in Probate
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My father passed away in July. He left no will, etc. His widow, whom he married in January and is here on a K1 visa, filed for administration in July. We in turn filed a objection and it is in discovery at this point. No one has been given administration, but my fathers wife packed up the whole house and took everything away in a uhaul. We have no idea where everything is and we are entitled to 2/3 of the estate.
We do not want administration due to the fact my father only left a bunch of debt. The only assets he left was furniture in his home. Can we get a court appointed administrator that will require the wife to return the items in the home until they are distributed according to the law? She has taken everything and we do not know where it is or what she is going to do. Answers (2)
Michael Lewis Van Cise
This attorney is licensed in Georgia.
Posted about 1 month ago.
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Yes. You can petition the probate court which has jurisdiction for temporary administration. The court will appoint a temporary administrator whose only authority is to marshall the assets of the estate. That is, preserve the property from theft, destruction, loss or damage.
Each county has a county administrator who is tasked with administering estates that would not otherwise be administered. This may be your best option. If the estate is truly insolvent, you would not be able to take the furniture for no consideration. That is, you would likely need to purchase the furniture at auction. You may need to have the county administrator petition the court and administer the estate, but the temporary administration should probably be your first step. THIS COMMUNICATION DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. 
Robert W. Hughes Jr.
This attorney is licensed in Georgia.
Posted about 1 month ago.
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You can ask that a temproary administrator be appointed. However, if there are truly no assets, except teh household furnishings, an da lot of debt, then those items will be sold and his debt paid with the proceeds. Why woudl you worry about it?
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