What is an Attorney Decision Maker and Its Legal Implications?

Definition & Meaning

An Attorney Decision Maker (ADM) is an attorney employed by the Office of Hearings and Appeals (OHA) who is responsible for conducting summary probate proceedings. During these proceedings, the ADM makes decisions regarding the distribution of an individual's estate after death. These decisions can be reviewed anew by an administrative law judge or an Indian probate judge, ensuring a level of oversight and fairness in the process.

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Real-world examples

Here are a couple of examples of abatement:

Example 1: A tribal member passes away, leaving behind property that needs to be distributed according to tribal laws. An ADM conducts a summary probate proceeding to determine how the property should be allocated.

Example 2: After an ADM makes a decision regarding the distribution of an estate, a family member disagrees with the outcome and requests a de novo review by an administrative law judge. (hypothetical example)

State-by-state differences

Examples of state differences (not exhaustive):

State Variation in ADM Role
California Probate laws differ significantly, requiring additional documentation.
New Mexico May have different procedures for tribal members compared to non-tribal members.

This is not a complete list. State laws vary and users should consult local rules for specific guidance.

Comparison with related terms

Term Definition Key Differences
Probate Judge A judge who oversees probate proceedings. Probate judges have broader authority and can handle complex cases, while ADMs focus on summary proceedings.
Administrative Law Judge A judge who resolves disputes involving administrative law. Administrative law judges review ADM decisions, whereas ADMs make initial decisions.

What to do if this term applies to you

If you find yourself needing to navigate a probate proceeding, consider the following steps:

  • Review the relevant forms and guidelines for summary probate proceedings.
  • Explore US Legal Forms for templates that can assist you in preparing necessary documents.
  • If your case is complex or involves significant assets, consulting with a legal professional may be advisable.

Quick facts

Attribute Details
Typical Fees Varies by state and complexity of the case.
Jurisdiction Primarily within Indian country for tribal members.
Possible Penalties Incorrect handling of probate can lead to legal disputes.

Key takeaways

Frequently asked questions

An Attorney Decision Maker conducts summary probate proceedings and makes decisions regarding the distribution of estates.