What to do if my 4 year old son’s father died last month?

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What to do if my 4 year old son’s father died last month?

He will be recieving SSI benefits but his father also had 6.2 acres of land, a bank accountt that was set up for my son to have donations to and his father also had life insurance, plushe also had a back acct of his own that a fairly large amount of money in it. My son’s father’s mother has taken over all of these things and my child has gotten nothing. What do I need to do to make sure my child gets what he is entitled to?

Asked on May 16, 2013 under Estate Planning, Mississippi

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss.  Has there been a probate started for your son's Father?  Did he have a Will?  If he did not then he died "intestate" and the intestacy laws in Mississippi will apply. If he died with out a spouse then your Son should have inherited everything.  Once a person has a child it cuts off inheritance by parents.  Anything that was left to your son as a joint account or as a beneficiary (the life insurance?) passes to him automatically upon his death.  What you need to do is speak with an attorney about having you apply for legal guardianship of your son then starting a proceeding against the estate and for his inheritance.  Good luck.


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