Q: My father passed away in January, his will directed that my adult brother, and I, would be the benfeciaries of the
estate, I want to petition the court to become administrator, but my brother is unwilling to sign a waiver of bond, and I cant afford the cost, I might add that he could petition to administer, but he's not competent to do so, and I would have to file a petition to have him removed. He's living in the decedants home, [part of the estate] and, I have reason to believe, selling, or misappropriating, the decedants personal property, [also part of the estate] and the longer this impasse goes on, the real property is likely to occure more damage due to lack of maintenance, any suggestions? Thank You. Sharon.
A:
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I am sorry for your loss. Did your father's will name an executor? If so, that would be the first person in line to administer the estate. Otherwise, the court will have to appoint an administrator, and the administrator will need to post bond. The administrator can be someone other than you and your sibling, but that person would also need to post bond, and a third party may not wish to accept administrative duties unless this is a paid position. I suggest you and your sibling sit down and try to work out your differences before this "impasse" costs you a lot of money. Be sure to consult your own attorney to protect your legal rights.
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