Q: Should I agree to grant all powers to my brother who we have chosen as the administrator of my mothers intestate estate?
My mother died intestate leaving only a car and saving/bonds/stocks/IRA's worth a large sum of money. The 4 children have all agreed that one brother can act as an administrator. Should I consent to grant all powers to him like his attorney suggests? Waiver of bonding, waive reports to the courts, waive statements of receipts and disbursements to the heirs and to grant powers not to have to petition the court for other actions? I live in Georgia.
A: Where you live is immaterial. Where the estate is being opened is what matters as that state's laws will govern the administration of the estate. Whether you should consent to granting powers, excusing reporting and not requiring a bond all comes down to trust. Is your brother going to do the right thing? If you are uncertain, do not consent to anything but his appointment. No expanded powers, full reporting and bonding are all protections the law gives all heirs from an administrator mishandling probate assets. If you have any doubt, do not agree to anything. If you have full confidence (such that you would give your brother all of your money and you have no doubt he will handle it properly), then you can agree to waive everything.
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