Legal Question in Wills and Trusts in Indiana

No Will

A friend of mine was in a coma and passed away leaving no will...his total assests are around $10,000.00 He was divorced and has a 12 year old daughter. My question is they need to sale his mobile home to help cover funeral expenses. Can this be done with going through the courts and having a personal representative appointed if all family memebers including the daughter are in agreement with this sale.? The mobile home is totally paid for and we have a clear title. and if this can be done can his mother sign the tranfer of title being that the daughter is underage?


Asked on 9/08/01, 1:44 am

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: No Will

Indiana law provides that the daughter inherits all of her father's property when he died intestate. His probate assets are liable for his final expenses. His estate is small enough to be administered by the affidavit process and it can be anyone acting as personal representative, including the mother of the child. The person who is going to act as personal representative will have to provide an affidavit to the buyer saying he or she is acting as personal represntative and the otherstatements the statute requires. That will pass clear title to the buyer.

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Answered on 10/29/01, 2:53 pm


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