When faced with a conflict as to the qualifications or divisiveness of a nominated personal representative, courts often welcome the involvement of a neutral professional with relevant estate administration experience. In many cases, appointing a neutral professional tends to quell disputes among the interested parties and gives the court a higher degree of confidence that the estate will be administered in accordance with the decedent’s wishes and relevant law. Courts also tend to presume neutral professionals are better equipped to prioritize the interests of the estate, treat creditors and beneficiaries impartially, and rise above family feuds or other distractions.
While interested parties often balk at the expense associated with the appointment of a neutral professional, the benefit of these appointments often outweighs the expense of “revolving door” litigation over who should be in control, or other disputes that can arise when a conflicted personal representative runs amok. For all of these reasons, courts frequently exercise their discretion to appoint a neutral professional as the personal representative of a decedent’s estate when given the opportunity.
Brian Dillon, a partner at national law firm Lathrop GPM, is an experienced litigator who specializes in trusts and estates litigation. Alison Zinn, a partner at Lathrop GPM, is a trial attorney focused on trust and estate litigation and elder law.