Q: Son of divorced parents died intestate with no other heirs. Dad won't agree for mom to be admin. Can she get around it?
Dad lives in SC & thinks he should be administrator. However, he is crooked as anyone you'll ever meet. Mom lives in Wilmington, NC where son lived and has handled his affairs and sustained him for years. Only asset is a vehicle in his name worth around 15k. There are debts of approximately equal value.
A:
The first question you must ask is do you WANT to begin probate. If the debts are about the same as or more than the assets, it makes sense to simply let the DEBTORS begin the probate, and collect what they are owed. If they get more than they are owed, they must turn it over to heirs/devisees, but in the mean time, if the (likely) will get less than is owed (when attorneys and court fees are considered) then they have at least saved the family from the expense.
If a family member (mother?) has paid for funeral expenses this is likely a 'priority claim' against the estate and she can file a claim to be reimbursed and again, it is the creditors who will be paying. Don't get so involved in the family dynamic of exes fighting that you miss the important question: SHOULD we do this at all? ....
I'd urge you to consult with a local probate attorney to review the WHOLE situation to determine what can and should be done. That consultation won't be expensive and it could save you a LOT of money, time and headache!
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
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