How does the court decide who should be the executer of an estate when there is a concurrent divorce proceedings?

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How does the court decide who should be the executer of an estate when there is a concurrent divorce proceedings?

A family member dies, is in the middle of contesting a divorce. Has lived with family for several months, personal belongings in family possession. The estranged wife not communicating with family. Can family petition court to be executor vs wife. There are not a lot of assets but there is medical debt.

Asked on November 18, 2011 under Estate Planning, Maine

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If a family member dies during a dissolution proceeding, the executor of the deceased person's estate would be specifically stated in that person's Will. If the person passed with a trust in effect, the trustee for the person's estate would be specifically stated in the trust.

If the person who was going through a divorce died without a Will or trust, then an interested person typically petitions the court to adminster the estate through the state's intestacy process with a request that a specific person be appointed its administrator.


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