When a person dies with no spouse, two minor sons and no will who handles the legal matters?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
When a person dies with no spouse, two minor sons and no will who handles the legal matters?
My ex-husband passed recently. He was my son’s father. He had no spouse, two minor children 11 y/o and 6 y/o. My ex had 4 siblings, and an estrange father. Who by law should have the right to his property and to handle his affairs?
Asked on February 26, 2019 under Estate Planning, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No one has a "right" to manage his affairs since he did not have a will and so did not designate anyone in a legally enforceable way to do this. Rather, the court will have appoint someone to that role--to be the personal representative for the estate. When there is no spouse and only minor children, a sibling or parent would be the logical choice, but until someone is appointed by the court, no one has any authority over his estate. Any relative of his interested in taking on this role (like the sister) should contact the court about applying to be the personal representative.
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.