Q: The former administrator (attorney) of estate asked to resign from a case in 1998 which was permitted. A second attorney was assigned the administrator in 1998 for the deceased, who had no will. There are current funds that are being at the State Treasury for a substantial sum. Can the dead person’s daughter ask probate court to be assigned the administrator?
A: Based on the limited facts given, I am assuming that the estate was closed years ago? If the Department of Revenue will only release the money to the estate, all is not lost. If the estate was closed (which I am not sure it was) it can be opened again through a temporary grant of letters, to another person. If the daughter qualifies to serve as an administrator, she may be able to serve unless she is challenged by another heir for the position and loses the challenge. It is possible that the new proposed administrator will have to petition the court to reopen this estate. You should consult with an attorney so he or she can review the entire situation including the status of the estate to determine if it was administered and closed properly. If this estate was never administered properly, there could be unpaid debt and delinquent taxes owed which may not make it worth the trouble of opening again.