Standing of Executor or Administrator

Standing of Executor or Administrator. (a) An executor or administrator shall have standing to defend the estate from any claim made by an alleged omitted spouse or pretermitted child under 8 CMC §§ 2701 or 2702. (b) In any situation noted above, the executor or administrator may retain counsel to represent the interests of the executor or administrator in defending the estate from the claims set forth above. Counsel shall be paid their reasonable attorney’s fees to be approved by the executor or administrator. Subject to court approval, such fees shall be paid from the estate. (c) The provisions of this section shall apply to both paternity and heirship actions heretofore or hereafter made, and shall govern in all proceedings in which a final judgment, not subject to further appeal, has not been entered prior to June 4, 1996. Source: PL 10-10, § 3, modified. Commission Comment: PL 10-10 took effect June 4, 1996.