30th Sep 2016

One key aspect of the Special Administrator is that a Court may appoint them instantly upon application – without the other persons involved in the estate receiving notice of the appointment and having an opportunity to be heard about the appointment.

On one hand, this makes complete sense.  Usually there are urgent matters to take care of, and there is no time for the usual probate process.  As discussed in the last post, there is finding and collecting and taking charge and preserving to be done.  A delay could hurt everyone involved.

On the other hand, this is certainly an exception to the important emphasis in the law on notice and an opportunity to be heard.  And there is some risk that a Special Administrator might not act appropriately.

Future posts will look at some of the ways the law deals with this tension and tries to balance the need to move quickly with protecting all the parties involved.

If our office may be of assistance to you in these areas, do not hesitate to contact us at (580) 338-6503 or at coryhicks@fieldandhicks.com or using any of our contact information in the profile.  You can also visit www.fieldandhicks.com for more information.

This blog contains general information and the opinions of the author – not legal advice; you should seek the advice of competent counsel (attorney/lawyer) when considering any legal issues.

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