QUESTION
Who is in charge of the estate of a father dies with no will?
Asked on Oct 23rd, 2011 on Estate Planning - California
More details to this question:
My father dies and there is no will. Two legal adult children. We have a live in girlfriend in control now with help of his sister.
9 ANSWERS
General Practice Attorney serving Indianapolis, IN
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Broad Law Firm, LLC
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In Indiana, if there is no will that names a Personal Representative ("person in charge") of the estate, then the Court appoints someone to fill that role. Usually it is a spouse, child, or some relative of the deceased, but it can be a live-in companion as well. I suggest that you contact an estate lawyer in your area to discuss how to request that the Court appoint a specific person as the Personal Representative of that estate.
Answered on Feb 20th, 2012 at 3:57 PM
Trusts and Estates Attorney serving Troy, MI
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Barron, Rosenberg, Mayoras & Mayoras, P.C.
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Pursuant to statute if there is an administration of an intestate (without) will or testate (with a will) the priorities as to who would be the captain of the administration (personal representative). In an estate the children would have equal priority and therefore you and your sibling would have to decide who would be the personal representative or the court will determine. In a testate estate the will would name the personal representative.
Answered on Oct 25th, 2011 at 1:57 AM
Ancillary Probate Attorney serving Dallas, TX
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Burdette & Rice, PLLC
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Nobody is in charge unless and until the Court puts them in charge. You should run and not walk to a probate attorney near you immediately, as your inquiry raises some significant concerns. When a person dies without a Will in Texas, their property passes to their heirs. The list of heirs never includes live-in girlfriends, and based on your brief facts, the decedent's sister has no greater right to anything than the girlfriend. Do not permit this situation to continue. Doing so will only make it increasingly more difficult to advocate and enforce your rights.
Answered on Oct 24th, 2011 at 11:14 PM
Glen Edward Ashman
Either of the children can file. So unless they sat on their hands and refused to serve, either of them can serve, if they act in time.
Answered on Oct 24th, 2011 at 10:49 PM
Business Law Attorney serving Lakewood, CA
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Law Office of James V. Sanchez
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A party may petition the court to open probate and become administrator if one has not been appointed. You may challenge an appointment if its already been made. The spouse or heirs will usually be convincing as priority for administration especially if they are all in agreement.
Answered on Oct 24th, 2011 at 10:07 PM
3 Awards
Whomever the Court appoints is in charge and has authority to act on behalf of an estate. No one is automatically in charge.
Answered on Oct 24th, 2011 at 6:46 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Either one of you could petition to start the administration of the estate. If the girlfriend has already been appointed, you'd have to petition to have her removed.
Answered on Oct 24th, 2011 at 6:16 PM
Tax Attorney serving Portland, OR
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Bullivant Houser Bailey PC
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If there is no will, Oregon law gives preference in appointing a personal representative to a surviving spouse (if any) and then to nearest of kin. Although nearest of kin is not defined, children generally are considered closer kin than a sister. If the estate is large enough and no probate has been opened, one or both of the children should hire a lawyer and file a petition for probate seeking appointment as personal representative.
Answered on Oct 24th, 2011 at 6:09 PM
1 Award
The person/s in charge is whoever applies and is approved as executor of the estate by the probate court.
Answered on Oct 24th, 2011 at 5:49 PM