With both named executors unable or unwilling to act as executor, most states' statutes turn to close relatives (I.e., children, siblings, etc.) who are willing and able to act. If that fails, a public administrator in the county in which the decedent died can be appointed by the probate court.
Lauren G. ColemanFamily Law AttorneyAlexandria, LA ·
Yes the person can receive the inheritance, unless as another answer correctly indicates the person killed the decedent. You will need to find someone else to act as administrator. But if it is a simple succession, you can have all the heirs put in possession of their property without appointing an administrator. You file to have the will probated and the heirs put in possession all in one single set of pleadings and no one needs to be appointed. You may be able to find an attorney that will prepare the documents provided you can pay in some way. If the attorney is going to handle all the funds and you give him permission to take his fee out of the funds from the succession you may be able to do this.
I agree with my colleagues. I would simply add that many states have enacted "prisoner reimbursement acts," which provide that any money received by the inmate must be reported to the State. In some cases, the State can then claim a portion or all of this money, in order to offset the costs of the inmate's incarceration. I do not know if the state in question has this kind of statute, but it is something that you should investigate. It is not clear which state's laws would apply in your situation. (LA?)
James Frederick