where a rightful executor or administrator whose appoint- The authority of such administrator ceases when the suit is settled; as, for example, where the will is contested, the administrator's duty ceases upon the admission of the will to probate. § 86. Administrator ad Litem Where the deceased was, or his estate is, a necessary party to a suit, an administrator may be appointed for the purpose of the action, and with no other authority. This is to be distinguished from administration pendente lite, which is authorized only when litigation is pending concerning the probate of the will of the deceased. A special administrator is sometimes appointed for the sole purpose of supplying a necessary party to an action to which the deceased was, or his estate is, a necessary party, and the administrator so appointed is termed an administrator ad litem.' § 87. Administration ad Colligendum An administration of this sort is granted where the principal executor or administrator has not yet been appointed, and there is property or goods of the decedent's estate which need immediate attention in order that they may not be ruined or mistreated. As soon as the principal executor or administrator has been appointed, the administration ad colligendum is at an end. An administrator ad colligendum is the mere agent or officer of the court and may be compelled at any time to give way to an administrator in chief. An administration of this sort will be granted only when there are neither kindred nor creditors. 1 Schouler, Wills, Executors and Administrators, Vol. II, p. 1134. § 88. Termination of Temporary Administration Every special or temporary administrator, when his authority ceases, should remit or pay over to the general administrator or to the proper person whatever funds of the estate he may have, giving an account as to his work, assets, and disbursements, including the legal compensation for his services. If his report is to the satisfaction of the court, he will then be discharged and any responsibility on his part is at an end. REVIEW QUESTIONS 1. When is an administrator with the will annexed appointed? Who will be appointed administrator cum testamento annexo? 2. What is an ancillary administrator? What is the object of ancillary administration? In what place will be the principal administration? What does the ancillary administrator do? 3. What is an administrator de bonis non? What is the purpose of such administration? 4. What is temporary administration? For what purposes are temporary administrators appointed? 5. What is the object of administration during minority? 6. What is administration during absence? 7. What is the function of an administrator pendente lite? What are the rules as to appointing such an administrator? 8. What is administration ad colligendum? 9. When do all temporary administrations terminate? What should such an administrator do when his office terminates? CHAPTER XI TAKING POSSESSION OF THE ASSETS § 89. The Title to the Assets "Assets" is defined by the Century Dictionary as "any goods or property or rights of action; property available for the payment of a deceased person's obligations or debts." They may be defined more generally as the sources for the payment of debts. Assets are distinguished as real or personal: Real assets are lands and real property, and in a solvent intestate estate these descend to the heir, while in a testate estate they descend to the devisees, and the administrator or the executor has no concern with them. But though the title goes to the heirs such title may be divested and sold by order of the court, if necessary, to pay valid obligations of the estate. Personal assets, or as it is phrased in the law, “goods, chattels and choses in action," go to the personal representative. He must first see that all debts and obligations of the estate are settled before he distributes any of the personal property to the legatees or distributees who may be entitled to them. If the entire amount of the personal property is not sufficient to pay the debts, he must secure an order from the proper court to sell some or all of the real property to satisfy the creditors. The personal representative has title to the assets superior to anyone else. Neither heirs nor legatees nor creditors have any right to any portion of the estate until it has passed through the hands of the personal representative. If an unauthorized individual interferes with the assets of a deceased person, or purloins or appropriates anything from the estate, it will be the duty of the representative to hold such assets or to recover them if possible. The representative himself cannot do anything with the personal assets of the estate until he has received his appointment from the proper court. Anyone who, without appointment, possesses himself of any part of the estate left by a decedent or interferes with the same in any way, is termed an executor by his own wrong, or in the jargon of the law, an executor de son tort. Such a one acquires no rights by his tortious acts and is liable for any damage that results and for any assets that he may have seized. § 90. Time When Title Vests in Representative The personal representative cannot reduce any of the property into his possession until he has qualified. As soon, though, as he has received his letters, his title goes back to the time of death. It is a theory of the law that property must be owned by someone at all times and that there could not be a period when no one had title to it. On this account the title of the personal representative goes back to the time of death. Any meddler with, or purloiner of, any of the assets of the estate can be held liable by the representative as soon as he is qualified, and he may bring suit for conversion or damage to any of the property of the decedent. § 91. The Title of the Personal Representative Is Paramount The right of the personal representative is superior to the right of any other person. He is entitled to possession and can sue for possession or damages. All the property of the estate must pass through his hands as trustee. His duty is to sell the personal assets and to reduce them to cash in order to pay the debts and to settle legacies. Even where there are specific legacies, the title must pass through the hands of the personal representative and he must pass them on, because it might be that these would have to be sold to pay debts, and it is the way of the law to have all title pass through the representative and be passed on by him to those who are entitled to final possession. The executor is limited by the provisions of the will. An administrator is limited by the provisions of the law which, of course, are general and apply to all estates alike. § 92. All Personal Property Is to Be Taken Over After the qualification and the issuance of letters, the personal representative must take into his own possession all of the assets of the estate. He is required in most states to file an inventory, and he is responsible for the payment of proper transfer and inheritance taxes. In New York State, the transfer tax affidavit takes the place of an inventory. For this reason it is necessary that he should inventory and take possession of all assets and act as custodian of them as soon as possible. If there is any property in the possession of others, he should demand it and secure possession of it, or if there has been possession for a certain period granted to the holders by the decedent before his death, as in case of a lease, he should notify the person in possession and secure an acknowledgment of his paramount title. § 93. Right of Representative to Search for Assets If the estate is considerable, it is no small undertaking to ascertain the property belonging to the decedent. It is the duty of the representative to make diligent search in order that nothing be overlooked. When a man dies, those about him, his employees, his servants, and his relatives, often display very little conscience in helping themselves to articles of property that may not be missed. It is difficult to avoid some loss from this source. In England there was sometimes much trouble to get possession of the personal property because the residence was usually in the personal possession of the heir. |