Power And Authority Of INDEPENDENT ADMINISTRATOR?
Sometimes I search out opportunities where the crowd is too timid to tread. Having been a para-legal the law doesnt usually confuse me. I sometimes buy an undivided interest of an heir (upon discovery of a nice property in probate). Then attempt to use that as leverage to buy out the interest of the others.
In one probate proceeding, where owner had died intestate, an "independant administrator" was appointed . Does that administrator have authority to sell a property even though she might not have
the permission and agreement of all the heirs? And even though all the heirs signed affidavits stating they did not require "notice", would that still apply to me as the purchaser of one of those heirs undivided interest? Ie,can I not be a clog in the proceedings untill I get my way?
Yes, under TX Stats, an independent EXECUTOR, (not adm'r, because that office is court appointed & managed) has total authority to run, manage, distribute the estate in accord with the terms of the will.
And all the heirs have to live with the IE's decisions, like it or not.
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Yes, I realize that an executor and/or executrix upon issuance of letters testimentary can act independent of the heirs, but my inquiry pertained to an "independent ADMINISTRATOR". Does he/she have the same authority to so act? Must this latter person get concurence from all the heirs to sell an asset of the estate?[ Edited by buddy on Date 08/08/2004 ]
What or who is a "Hart & Nehemiah?
I'd sure want to see the court order to understand what the court did say in re "independence" of the adm'r...it's most unusual, maybe non-existent for adm'r to have ANY independence, and all he/she does is really under the thumb of the court.
"Hart & Nehemiah" ? No idea, sounds like maybe a law firm or legal citation.
Have you Googled it?
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Thats the title in the court order. She was appointed to be INDEPENDENT ADMINISTRATOR. And, yes, an attorney friend also said he hadnt heard of that title in an intestate administration. If I do buy an undivided interest from an heir, I just want to be able to give me approval to a sale or to disapprove a proposed sale.
All you need is to get title policy if/when you buy the RE...then it's the title co.'s problem, not yours, and you won't need to worry about how, what, why the court entered that order.
So I'd advise you to proceed to see if you can get title with title policy, from "independent" adm'r...and if you can't, walk out.
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John Merchant:
You missed my concern. Im not worried about good title. I want to be able to jam a sale untill I get my way. But if the independent administrator can make a sale without my approval, I can't do my thing...which is to get the other heirs to sell to me at a bargain price or it just wont get sold. Now do you get the drift of the game I play in these type deals?
Ok, but apparently you didn't get my drift...to know what the "ind. adm'r" is empowered to do, any lawyer would want to know WHAT the order says, in detail...and then gauge whether that is a valid order, as per VATCS (TX Annotated Statutes), and if not, what might be done about it.
And for a layman like you to try to get financially involved in this, without professional legal help, is, IMHO, not only folly but also recipe for financial trouble.
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