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View Full Version : Who takes precedence a legal guardian or the executor of a will with no assets?


tawanat00
May 15, 2010, 07:07 PM
I was legal guardian over my uncle who was a disabled veteran. He have no spouse and no children. Prior to me becoming legal guardian, my mother, his sister was his legal guardian. At that time she executed a will which he signed. At that same time, he had no assets or real estate. While I was his legal guardian, he fell and broke his femur. I contacted the owner of the property insurance and filed a claim. About 4 months after filing this claim, my uncle died. This case is still going on with the insurance company. What power or authority does my mother have over this case that I filed as my uncle's legal guardian? What part does this will play if any? How can I protect myself?

cdad
May 15, 2010, 07:24 PM
When your legal guardian of someone it ends with their passing. So any proceeds that are due him now become property of the estate. From there if there is a settlement made the estate would distribute it according to the legal will. Depending on his condition the will that was made out may not be legal. Also it needs to conform to local law.