QUESTION
Can a parent name a trustee if there was no will
Asked on May 02nd, 2016 on Estate Litigation - Pennsylvania
More details to this question:
my son's father died, there was no will. How can we open as estate, No living spouce. Can his mother open an estate or name a trustee to handle it, as she lives far away
1 ANSWER
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In the event of a death without a will, you can request to be appointed as the administrator of his estate. There are certain person who have "priority" to serve as administrator. they are all biological relations to the decedent. If they renouce their priority in favor of you, you can be appointed. You can also file a petition with the court to be appointed and those people will receive notice and opportunity to object. If they do not, you can serve. Whatever is statutorily left to your son via the laws of intestate succession will have to be paid to a court appointed guardian for his benefit until he reaches the age of majority. This process is complicated and I would suggest that you retain counsel to assist you.
Answered on May 03rd, 2016 at 6:40 AM