If my brother died without leaving a Will and has a 16 year old daughter, who becomes his personal representative?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my brother died without leaving a Will and has a 16 year old daughter, who becomes his personal representative?
He passed away 6 months ago and our family is having trouble with his daughter. We have been told that she is automatically his personal representative to his property, burial details, headstone, etc. She still lives at home with her mother who divorced my brother many years ago.
Asked on June 13, 2012 under Estate Planning, Indiana
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Either a guardian ad litem needs to be chosen by the court or the court needs to have this estate probated and a court appointed adminstrator will be appointed. The family needs to understand this entire process must now go through probate, regardless of whether she is considered his personal representative. Most states require the representative to be over the age of 18 (age of majority). Talk to her mother and see if the mother can help move this process through with the court as the daughter will need to be the initial filer (again possibly with a guardian ad litem).
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.