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Holland & Usry, P.A.

I don’t trust the person handling the estate for my father’s fatal accident case. Can that be changed?

Maybe. Dealing with an accidental death case is a struggle to begin with. But when you’re eligible to recover for your suffering and financial loss and doubt the estate representative is looking out for your best interests, it creates anxiety you can’t afford.

There are two potential ways to get a different estate representative.

Removing the Personal Representative

“Personal Representative” (PR) is the term for the estate representative. South Carolina law allows removal of one under limited circumstances. You’ve got to prove to a probate court judge at a hearing that removal is justified because the PR:

  • intentionally misstated important facts in the proceedings leading to appointment,
  • disregarded an order of the court,
  • has become incapable of handling PR duties,
  • mismanaged the estate, or
  • failed to perform any PR duty.

If you can’t prove that, there’s another option you might use.

Getting a Special Administrator

This allows the PR to remain in place but transfers responsibility for the wrongful death case to a Special Administrator.

If the PR contests having a Special Administrator, it requires proving to a probate court judge at a hearing that a Special Administrator is needed to preserve the estate or protect its proper administration.

We’ve had a case where family members came to us out of fear the PR would cut them out of a settlement. We reached an agreement with the PR naming our client as Special Administrator to protect the family’s interests.

Either Way, You Need a Skilled Attorney

You can’t expect a PR to let go of a court appointment without a fight. And you’ve got a lot at stake in the hands of someone you don’t trust. It could cost you the financial stability you need.

You need your own professional. If you’re worried about a PR shortchanging you or have any other questions, fill out our Get Help Now form to get answers from an experienced wrongful death attorney.

 

Rob Usry
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Rob is a Spartanburg, South Carolina personal injury and criminal defense lawyer.

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