If my brother recently died without a Will but his girlfirend won’t give any of belongings to his children, what can be done?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my brother recently died without a Will but his girlfirend won’t give any of belongings to his children, what can be done?

My brother moved in his girlfriend’s house and lived there 4.5 months and died without a Will. He moved all his furniture and belongings there and now the girlfriend won’t give anything of his to his children. Is there anything they can do to get their father’s poperty?

Asked on July 31, 2012 under Estate Planning, Missouri

Answers:

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

Answered 11 years ago | Contributor

I am so sorry for your loss.  Some one has to be appointed as the Personal Representative of their Father's estate.  You did not state how old the children are.  Only an adult can request that the court appoint them and you do that by filing a petition.  Once appointed the PR has the pwoer to gather - called marshal - assets of the decedent.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption