When someone dies without a Will or spouse but leaves behind a minor child, who should be put in charge of their estate?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

When someone dies without a Will or spouse but leaves behind a minor child, who should be put in charge of their estate?

My minor grandson’s father just died in an auto accident. He had no spouse and no Will. His mother (my grandson’s other grandmother) has already taken control of his estate. Is this legal?

 

Asked on January 24, 2011 under Estate Planning, Ohio

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

When someone dies without a Will they are said to have died "intestate".  Accordingly the laws of the state in which they were domiciled as of the date of their death will control.  Typically a family member or close friend requests that the probate court appoint them as Personal Representative of the estate.  It's not clear whether or not your grandson's father's mother did in fact so this.  Accordingly, if she did she has every legal right to take control of the estate.  However, this does not means that your grandson is not entitled to inherit.  Under most state intestacy statutes, when a person dies without leacing a surviving spouse, there sole heirs are their children.

At this point, you may want to contact the probate court in the county where your son's father lived; they would have jurisdiction over the estate.  You can then find out if his mother has been appointed PR or, if not, who has.  You should also consult with a local probate attorney as to your grandson's inheritance rights and how best to protect them. 


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