Petition to Administer Estate with Claim

Petition to Administer Estate with Claim

I have an Asbestos related law suit. I have Letters of Administration naming me as "special administrator not authorized to take possession of money". I have petitioned the court to be named to administer the estate. I filled out Letters of Probate to Administer Estate.


The law firm handling the asbestos suit, if a large firm, may have a probate department which can help you. It might, however, be a firm specializing in that type of litigation in which case you need to hire an attorney that specializes in probate and estate administration. It is probably essential to proceed with the case that the estate have someone appointed with adequate power to hire the lawyers representing the estate in the asbestos litigation, to file the appropriate tax returns (it might be advisable to file a notice concerning the estate tax return with the IRS if the claim may put the estate over the filing threshold). Since the terminology differes from state to state the exact type of appointment you have is not clear. It is possible that you were given a temporary appointment so that you could sign documents for the litigators to proceed filing the case on behalf of the estate before the statute of limitations on the case expired (i.e., the period of time in which a claim can be filed). If so, then the process would now be to obtain an unqualified appointment. The probate attorney you hire can address how this works in your jurisdiction.

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