Q: I am administrator & I filed a petition to have the coadministrator removed for not complying.
She also doesn't want to hand over my mother's bank account statements. Can I also file to get rent from these people & herself for living in my parents home still. Or can I also file a petion to have her evicted from parents home along with the other people she has living in the home too.
A:
Dear Los Angeles:
This is one you certainly want to discuss with an attorney. However, co-administrators need to work together and should not be refusing to disclose information to each other.
On the rent issue, it is technically a breach of fiduciary duty for and administrator to occupy estate property without paying fair market rent. If you can prove it, the court may surcharge her or remove her.
I really cannot speak as to the "other people" as I cannot ascertain their capacity.
I'd review this with an attorney, and if you don't have an attorney or know where to find one, you can try your local county bar association's attorney referral program. These programs provide a consultation with an attorney for a small or no fee.
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