This term is primarily used in the context of probate law, which governs the administration of estates after a person's death. It is relevant in cases where an executor or administrator is unable to fulfill their responsibilities due to mental health issues. Users can manage some aspects of this process themselves by utilizing legal templates available through platforms like US Legal Forms, which provide guidance on the necessary forms and procedures.
Here are a couple of examples of abatement:
Example 1: A person named John is the sole executor of his late father's estate. Due to a severe mental health condition, he is unable to manage the estate's affairs. The court appoints an administrator durante animi vitio to handle the estate until John can resume his duties.
Example 2: (hypothetical example) Sarah and Tom are co-executors of their mother's estate. If Tom develops a mental disorder, Sarah can continue managing the estate without needing an administrator durante animi vitio, as there are multiple executors.
| State | Variation |
|---|---|
| California | Allows for a temporary administrator to be appointed during incapacity. |
| New York | Requires a formal petition to appoint an administrator durante animi vitio. |
| Texas | Similar provisions exist, but the process may vary based on local rules. |
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Executor | A person appointed to carry out the terms of a will. |
| Administrator | A person appointed by the court to manage an estate when there is no will. |
| Administration | The process of managing a deceased person's estate. |
If you find yourself in a situation where an executor is incapacitated, consider filing for administration durante animi vitio to ensure the estate is managed properly. You can explore US Legal Forms for templates and guidance on the necessary legal documents. If the situation is complex, it may be wise to consult a legal professional for tailored advice.
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It is the appointment of an administrator to manage an estate when the sole executor is incapacitated due to mental disorder.