Estate litigation, such as disputes over the validity of a will, the distribution of assets, or the qualifications of a personal representative, can slow down the probate process.
During such litigation, however, critical aspects of estate management still need to be addressed – and that’s when a limited judgment appointing a personal representative may be necessary.
What is a limited judgment appointing a personal representative?
A limited judgment appointing a personal representative temporarily authorizes someone to act on behalf of the deceased’s estate. This judgment may grant limited powers to the personal representative to handle specific tasks or to initiate the administration of the estate while other issues – like the subject of the litigation – remain unresolved.
In other words, the court doesn’t want to let the estate suffer while a dispute plays out. To that end, the court may appoint someone to:
- Secure the deceased’s valuables and other property against theft or premature distribution
- Pay the estate’s bills and make sure that their home or business is maintained until the dispute is settled
- Act as the personal representative of the estate to engage in the litigation at hand
Probate disputes are not uncommon, and a limited judgment appointing a personal representative is designed to make sure that the estate’s urgent affairs are not neglected while the dispute is resolved. The order will generally be narrowly tailored – granting the limited personal representative just enough power to handle whatever is critical, without endangering the position of any party involved in the litigation.
If you want to raise legal issues surrounding your loved one’s estate, it’s important to act swiftly – before any (more) damage is done. Seeking experienced legal guidance can help you understand your options.