Stephen A. Martin, Attorney at Law
Call Today For A Consultation
Menu Contact
View Our Practice Areas

Family at odds over special administrator appointment

The rules and regulations governing estate administration in Saint Charles can be mind-numbingly complex. Oftentimes, it may be difficult to even find two different legal professionals who see eye-to-eye on the same statute. It is for this very reason that litigation is often a constant companion with estate cases. Even extensive estate planning prior to one's death may not be enough to avoid a dispute. 

This fact has been on full display in the ongoing dispute over the management of the estate of the children of an Indiana couple killed in a car accident. While extended family members were made guardians of the children, the father's own father was appointed as a special administrator of his estate in order to initiate a wrongful death lawsuit (presumably to benefit the kids' future). However, the guardians and other family members argued that they should also be appointed as co-special guardians. 

The court that initially heard the case agreed, prompting the deceased's father to appeal the case on the grounds that a change in special administrators was warranted, the statutory process mandated by state law should have been followed. The appellate court disagreed, however, saying that the change was not a removal but rather a reconsideration. The case is now headed to the state's Supreme Court, where the deceased's father is expected to argue that his appointment was not subject to reconsideration. 

While no amount of planning might have been able to avoid this particular dispute, this case should not override the fact that detailing the disposition of one's assets through proper estate planning documents is a prudent process that can help avoid future disputes. Those needing assistance with this process may find it in the form of an experienced estate planning attorney. 

No Comments

Leave a comment
Comment Information
Email Us For a Response

Tell Me About Your Situation

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Address Map
Footer Brand
map icon Location

330 Jefferson Street
Saint Charles, MO 63301

Toll Free: 877-224-9742
Phone: 636-487-4097
Fax: 636-949-3732
Map & Directions

phone icon Contact