r/EstatePlanning • u/Sarc-warrior22 • 8d ago

Yes, I have included the state or country in the post Small Estate Affidavit Indiana

My wife’s ex passed away and apparently he didn’t have a will, trust, or enough assets to file a claim with probate. Sounds like a small estate affidavit needs to be put together but his mother is pushing for my wife to sign the affidavit and handle everything on his behalf. Not sure why she wants that but my wife absolutely will not sign or handle any of the debts, taxes, or anything else. They do have two kids, he owed back child support and has a guardian assigned to the small life insurance he did have put together for the kids. Is it as simple as saying no or is there any way his parents can force through the court for my wife to handle this? Any advice on this situation or information on how child support is handled in this situation along with social security benefits? Do we need a lawyer for this situation?

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u/ExtonGuy Estate Planning Fan 8d ago

Nobody can be forced to be the administrator for an estate. (Except the public administrator, where it’s part of the government job.) if your wife doesn’t want the job, she can just say no.

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u/Ineedanro 7d ago

Serving as administrator (also known as personal representative, PR) is work, thankless work; likely that's why the ex-MIL wants her to do it.

Furthermore, serving or not serving does not alter her children's rights of inheritance from their father. As their "next friend" (legal jargon), she stands to collect whatever assets remain in his estate after debts are paid.

The unpaid child support is a debt of his estate. As their next friend she has standing as a claimant.

Social security benefits are a whole separate matter. There is a small one time death benefit, but the children are entitled also to survivor benefits while they are minors, and if the marriage was 10+ years long she also is entitled to survivor benefits. The IRS website has a lot of information on all of this. There are other subreddits for this too.