If my children’s father is deceased and I’m the custodial parent, am I able to be the administrator or guardian of his estate?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my children’s father is deceased and I’m the custodial parent, am I able to be the administrator or guardian of his estate?
He did not leave a Will. His siblings want to control his assets. What options do I have?
Asked on April 2, 2015 under Estate Planning, Virginia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
I am so sorry for your loss. Generally speaking, blood relatives would be given priority. If you were married then you would have priority. What you need to do is to have yourself appointed as the guardian of the children in court and then have an attorney send a letter to whomever is involved advising that you are making an application to be appointed on behalf of his children, who would generally be the only parties to inherit under the law if he died without a Will (absent property jointly held). Once you are appointed as their guardian you can act legally on their behalf. 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.