QUESTION
What is the best way to get a property Will?
Asked on Apr 01st, 2013 on Estate Planning - Colorado
More details to this question:
My girlfriend's ex-husband has just committed suicide, he has left behind 4 kids, 3 that are well older than 21 with his first wife and a 13 year old with my girlfriend. The 3 older have locked down the house and the safe has been opened without the 13 year old and my girlfriend. They are also trying to exclude him as much as they can, the 13 year old was the only one with property in this house and the only one who lived there and he can’t even get his underwear, what can be done?
11 ANSWERS
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Hire a lawyer. Get a restraining order. Get letters of special administration.
Answered on Apr 04th, 2013 at 12:37 AM
Estate Planning Attorney serving Torrance, CA
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The Law Office of Kelvin Green
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There should be some order. She needs to contact a probate attorney to make sure rights are protected.
Answered on Apr 03rd, 2013 at 5:23 AM
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They need to hire an attorney. There are too many legal issues involved to address in a web site posting.
Answered on Apr 03rd, 2013 at 5:21 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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There is no one that legally has any authority to do ANYTHING, at this point. I would contact the police and have them go to the house with the son and his mother to retrieve his personal items. Beyond that, a probate estate needs to be opened and a personal representative appointed. If there is a Will, it should direct who that person will be. If there is no Will, then any interested person can apply to be PR, including your girlfriend.
Answered on Apr 03rd, 2013 at 5:21 AM
2 Awards
Call an attorney IMMEDIATELY. Don't waste time on sites like this. An administrator needs to be named for the estate and the 13 year old has as much right to his/her share of the estate as the older children. Have an attorney get special letters of administration if necessary so access to the house can be gained to get the 13 year old's belongings.
Answered on Apr 02nd, 2013 at 8:32 PM
First your girlfriend has no claim on her ex's estate and therefore, no right to enter the property. However, his 13 year old son does have a claim to both his own personal property and a portion of his father's estate. Contact a lawyer in the area immediately for assistance.
Answered on Apr 02nd, 2013 at 8:28 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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This is a very complex problem. If father left no will, 13-year-old is entitled to a part of his estate. Also, 13-year-old should not be made homeless. If the other three kids won't discuss settling the estate, then I'd start by talking to the county sheriff about 13-year-old being locked out of his or her house; that sounds like child abuse to me. That's kinda the nuclear option; the young child really needs a lawyer to help sort this out.
Answered on Apr 02nd, 2013 at 8:21 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You are advised immediately contact a probate litigation lawyer to have your girlfriend petition for the appointment of guardianship of the daughter and also file a petition to probate the estate on behalf of her daughter so the daughter's 25% interest in the estate is protected. This is urgent. Do not delay.
Answered on Apr 02nd, 2013 at 3:14 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Your girlfriend should engage in attorney, it is doubtful that you will have any rights to her now deceased boyfriends estate, however her son most probably will.
Answered on Apr 02nd, 2013 at 3:14 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Somebody needs to start a probate of the estate. Perhaps your girlfriend can do it as the son's mother. Check with an attorney about the best way to get started.
Answered on Apr 02nd, 2013 at 3:14 PM
Contact an attorney immediately to represent the interests of the 13 year old. Make sure the attorney is a specialist in estate disputes.
Answered on Apr 02nd, 2013 at 3:13 PM