Legal Question in Administrative Law in Indiana

estate administrator with no will.

I am looking for a form to order, Blackford county court, to name a surving spouse as trustee/administrator of the estate.

We have already filed a petition to name her.

Though it now seems that is not enough.

We must ''order the court''???

Type of case is Wrongful death

Asked on 7/26/06, 8:32 pm

1 Answer from Attorneys

C. David DuMond Law Offices of David DuMond

Re: estate administrator with no will.

Have you tried to get a lawyer to represent the heirs in the wrongful death case? If you have a decent case, lawyers will be jumping off the turnip truck to help you. Call a local bar association for a referral to someone experienced in civil litigation. If you insist on fumbling around on the matter yourself, then you should be able to find a form order for appointment of a personal representative in a form book, something with a title like Indiana Forms of Civil Procedure or a Probate Manual. This is an order for the judge's signature, ordering the appointment of someone to be personal representative. You don't "order the court," unless your are a higher being, like an appellate judge or Supreme Court justice. There may be a law library open to the public at your county courthouse or at the courthouse of one of the surrounding counties or you could come to the Statehouse during the week and visit the Supreme Court law library. This is just the beginning of a steady flow of procedural requirements, and continual bumbling will irritate your judge and his staff. Once opposing counsel is involved, you could become a smoked turkey. Be mindful of the adage, "He who represents himself has a fool for a client." Good luck.

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Answered on 7/27/06, 9:44 am

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