Who has the rights to a deceased parent’s estate and when do they have them?
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Who has the rights to a deceased parent’s estate and when do they have them?
My stepdaughter’s father passed away 2 weeks ago. Her father had a stepsister who immediately came in and started controlling all of matters, such as with drawing money from banking accounts, holding onto all the credit cards and the checkbooks. She has also decided that she wants to sell his house and his 2 cars. Again I need to remind you he has a daughter that is 28 years old and there is no will and also there is no executor or power of attorney. How can the step sister remove money from bank accounts and sell the house and cars if she does not have a legal document stating that she can do this. Is the legal by law? What does the daughter have to do to stop this?
Asked on May 13, 2013 under Estate Planning, Virginia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
I am so sorry for your step daughter's loss. Generally speaking, if there is no Will when a person dies then they are said to have died "intestate" and then the intestacy laws in that state will apply. Now, your question indicates that this is the state of Virginia. In Virginia if a party dies with children and no spouse the children get all. I am assuming that parental rights were not terminated here because that would be the only time that rule would not apply. Now, his daughter needs to go to Probate Court in the County in which her Father resided at the time of his death and apply for an emergency appointment of herself as the Administrator/Personal Representative of his estate. Once appointed then she can deal with the property and the Aunt who has no rights here it seems. She may want an attorney to help her. Good luck.
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