Matter of Estate of Heller

SACKETT, Judge.

Decedent John Heller was the natural father of four children who are all minors. Decedent and the children’s natural mother, Mary Lou Heller, were divorced on November 1, 1982. At the time of his death on September 25, 1984, decedent had not remarried.

On November 23, 1982, decedent signed his last will and testament. In the will he appointed his brother, Daniel, as executor and gave all his property to Daniel as trustee for the benefit of his children. Daniel was given discretion to use the funds for the children’s living and educational expenses. The children would each…