Administration of an Estate Pending Litigation

Estate Pending Litigation

It is very common in contested estates that the assets of the deceased are not properly dealt with in a timely manner as a result of the dispute.

This is particularly the case when the court action relates to the actual validity of the will and a dispute arises as to who if anyone, is the appropriate personal representative of the deceased.

Very often it is necessary for the parties to agree on a neutral 3rd person to be appointed as administrator by the court pending the will litigation, so that the affairs of the estate may be managed until all matters are resolved.

This administrator is called an administrator pendente lite.

Such an administrator has all rights and powers of the general administrator, other than the right to distribute the estate.

The administrator pendente lite he is subject to the control of the court and under its direction.

The sole purpose of this appointment is to provide interim administration of the estate until the action has been concluded.

Once the action has been concluded, this grant will cease, either upon the will being proved and probate granted, or upon the will being set aside and letters of administration grant.

A creditor or any person beneficially interested in the estate may apply for the appointment as an administrator pendente lite.

Generally, the court will not appoint a party to the litigation unless all creditors and persons beneficially interested in the estate consent, however there is no absolute rule to this effect. is of the opinion that it is often very beneficial to incur the expense of having the administrator appointed,, as the benefits of having somebody with legal authority to manage the estate pending the litigation, far out weigh the costs of the appointment.

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