Legal Question in Elder Law in Indiana

IF A MARRIED COUPLE HAVE not made any changes in their WILL for 25 years, AND NOW THE WIFE IS CONFINED IN AN EXTENDED CARE FACILITY WITH DX. OF ALZHEIMERS, IF HER HUSBAND DIES FIRST, WHAT HAPPENS TO THEIR ESTATE, IF NO CHILDREN ARE LISTED AS EXECUTORS?


Asked on 11/08/10, 10:58 am

1 Answer from Attorneys

Voyle A. Glover Attorney at Law

I am presuming the husband was named as the executor. If there was an alternate or successor executor, that that is the person who will take the estate and manage it. This does not mean that the children are disinherited. An executor can be anyone. Sometimes, a bank is the executor. Also, if the children feel one of them should be the executor, then sometimes a talk with whoever was supposed to be can solve the problem. A petition can be made to name one of the children as executor, and the named executor can indicate s/he does not wish to serve. The other children would need to agree.

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Answered on 11/15/10, 9:53 am


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