Q: Dear Lawyer, What are the consequences for the appointed representative failing to close an estate properly?
I have a probate issue that I have to appear in court for at the end of the month. I was appointed as the administrator of my mom's estate and i didn't handle every aspect properly. I'm not sure of what to expect when I appear in court for this matter.
A:
It all depends on what you didn’t do.
Your BEST option will be to hire a local probate attorney to help you complete everything. That attorney can look at all the facts and help you understand and ideally also ‘fix’ the problems.
A:
First, do not ignore the court date. What will happen depends on what it is you didn't do properly. Did you miss a deadline? Did you improperly spend or waste the estate? On one end of things, the court may allow you to simply file what you were supposed to file, maybe assessing you additional fees; on the other end of things, you could be removed as PR and become personally liable for any misappropriation of funds. And of course, everything in between in a possibility.
As to what to say or do at the court hearing...again, it depends on what action or inaction you took. Probate courts understand that a lot of people handling these matters are not lawyers and are just trying to do their best. If you missed a deadline, do some due diligence, figure out what needs to be done, and do it. You can call the probate court for direction. Often times, once they receive what they need, they will cancel the court hearing. Just know that they will be less tolerate of future mistakes. If it's something more significant, then you may want to consult with a lawyer.
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