What happens/what to do if someone dies without a Will?
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What happens/what to do if someone dies without a Will?
My 20 year old stepchild’s father just died; she has 4 siblings under 18. No one has been assigned executor or administrator of the estate because there is no estate. her father had a small bank account, 2 junk cars that we are scrapping by having the titles transferred to my stepdaughter and no other belongings.
As next of kin, will she be responsible for any other debt that we don’t even know about? He never filed a tax return for last year, so how will this be handled? What should she do about his bank account? Is there anything else that my stepdaughter needs to know about or look out for?
thanks
Asked on August 13, 2018 under Estate Planning, Virginia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
I am so sorry for her loss. Children do not assume the debts of their parents unless they have co-signed something, which is unlikely. It sounds like his estate would qualify as a Small Estate. Debts have to be paid from whatever proceeds there are. She, as his adult daughter, would make the application to court for whatever needs to be done. Does he have tax liability? You need to find that out asap. Here is a pamphlet from the Virginia Bar. Good luck.
https://www.vba.org/page/guide_estates
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