Legal Question in Wills and Trusts in Indiana

Parental Rights in Wrongful Death

My son was killed in a car crash. He was divorced for over ten years. He has an 11 year old son. I have power of attorney over his estate and wrongful death case. How much say does his ex and his son have over my decisions? I've tried to include them in decisions but it is not working. For instance, after 11 months they are now trying to change the headstone my daughter and I painstakingly picked out. We asked for their input to begin with but they didn't want to participate. I am waiting for a settlement to pay for the headstone before I can purchase it. I want the best for my grandson but his mother is manipulative and argumentive. I can't take much more. I need closure and my attorney isn't cooperative. Can I just do what I feel is best or am I legally bound to do as they wish? I want to include some of their input but they are completely changing it beyond recognition. Please help.


Asked on 10/22/04, 5:50 pm

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: Parental Rights in Wrongful Death

If you are the administrator of the estate, you have the final say so as to what the headstone should be. If the mother of the surviving child wants a different one, then she should pay for it herself. You can always petition the probate judge for a determination of what to do.

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Answered on 10/25/04, 10:02 am


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