Can anyone speak on behalf of decedent when probate & appt. of Adm'er is delayed?? No one has more than 1/6 interest (3).
HOA /Bill Collector has filed lien for unpaid/disputed cleaning bill & monthly maintenance. Threatens to begin prompt foreclosure on 2-28-13. They will probably accept $ from anyone, but will not otherwise respond to probable future Adm'er . The pending Adm'er disputed bill prior to lien with HOA (no response) & Bill Collector (will only reply to court appointed Adm'er). Also requested meeting with HOA Board & alternate resolution, etc. Does decedent & his estate lose all rights in this situation? Family could file small claim, but lives 400 miles away & outcome uncertain or minimal. Record Lis Pendens before small claim action (if Adm'er eventuallydecides to undertake this)??
3 attorney answers
The administrator speaks for the estate...family cant file small claims because they are not administrator.... Sounds like a probate attorney is necessary.
This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.
Only a duly appointed, qualified and acting personal representative can speak for a decedent's probate estate. If immediate action is required, then the person who intends to petition the court for Letters of Administration (or Letters Testamentary if there is a will) can also petition the court for Letters of Special Administration. Special Letters empower the applicant to act for the estate when an emergency requires immediate attention and action.