QUESTION
Who is in charge if a parent dies and leaves no will?
Asked on Nov 29th, 2013 on Estate Planning - Idaho
More details to this question:
I have a brother and sister and I would like to know who is in charge and how to go about dealing with this and getting it settled fairly.
17 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You should see an attorney, and will most probably have to open a probate estate.
Answered on Dec 04th, 2013 at 9:24 PM
Edwin K. Niles
Did they leave assets over $100,000 in their own name? If so, someone needs to file a petition for probate. No-one is in charge until the court appoints the administrator.
Answered on Dec 03rd, 2013 at 8:36 AM
File with the court in your area for an Intestate Administration of the estate. Most court have handouts with the process to follow. If you run into problems, please speak with an Estate Planning Attorney s/he deals with this issue all the time and can help you.
Answered on Dec 03rd, 2013 at 8:36 AM
Without a will, anyone qualified to be the administrator can petition the court for appointment. The law gives equal priority to siblings so it will be up to the court to determine who is best suited for the appointment.
Answered on Dec 03rd, 2013 at 8:36 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Generally the deceased's spouse has priority and if he/she had no spouse the children have equal priority. Someone has to file a probate action and the proceeds should be split equally after all debts of the estate and costs of administration. Contact an attorney.
Answered on Dec 03rd, 2013 at 8:35 AM
Divorce Attorney serving Bingham Farms, MI
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Gottlieb & Goren, P.C.
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If there's another parent, the other parent would probably prevail. Your nomination of a conservator (in charge of the money) and guardian (to physically oversee the child) should be stated in a Will.
Answered on Dec 03rd, 2013 at 8:35 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Any one of you could petition to be named Administrator of the estate. That person would be "in charge," but would have the responsibility of complying with Oregon law concerning the payment of debts and taxes, and the distribution of the estate.
Answered on Dec 03rd, 2013 at 8:35 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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No one is in charge, at this point. You or your siblings need to go to the probate court and file documents to have a personal representative appointed. Once that occurs, that person would have legal authority to handle the estate and wrap things up. You each have equal right to appointment as PR and you have equal right to the assets in the estate.
Answered on Dec 03rd, 2013 at 8:34 AM
The intestacy laws of the state in which the parent resided at the time of death will determine how the estate is settled. You and/or your siblings can petition the probate court to name one or more of you executor/personal representative of the estate. The executor is the person responsible for settling the estate, paying the final bills, and distributing the remaining assets.
Answered on Dec 03rd, 2013 at 8:34 AM
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Any one of you can petition the court for probate and settle your parent's affairs. See a probate attorney to see if you would be successful in petitioning yourself.
Answered on Dec 03rd, 2013 at 8:33 AM
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Whomever is appointed by the Court and has letters of administration issued to them.
Answered on Dec 03rd, 2013 at 8:33 AM
If the children can agree as who will be the personal representative, probate can be opened and the estate settled.
Answered on Dec 03rd, 2013 at 8:32 AM
If the parent has a living spouse, she or he, is in charge with preference to administer the estate, if any, that did not automatically pass. Otherwise, the surviving adult and competent children are of equal preference in doing so. Absent agreement, the probate judge may appoint a third-party.
Answered on Dec 03rd, 2013 at 8:32 AM
Any of the siblings has equal priority to appointment as the Personal Representative. Check with an attorney specializing in estate administration for further details.
Answered on Dec 03rd, 2013 at 8:32 AM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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When you say "in charge", I often asked clients 'of what?" You need to find out what assets the parent had in his or her name only that were not in joint account that go to the survivor or have a beneficiary designation. The three of you should sit down and go over all the assets. For Missouri, you should then decide who you want as personal representative (in other states it is called executor or executrix). If the three of you cannot agree, there have been occasions where a court has appointed all three as personal representatives. If all three of you have questions concerning the probate of your parent's estate, then all three of you should visit with the attorney at the first meeting.
Answered on Dec 03rd, 2013 at 8:31 AM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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Each of you would have equal preference to be in charge (to serve as administrator of the estate). Ideally you should come together to decide on your roles. If you can't agree and if each files to serve with the court, then the court will decide.
Answered on Dec 03rd, 2013 at 8:31 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Someone needs to file a petition for probate of the estate, then pay the bills and distribute whatever is left. I suggest contacting a local attorney to help you through the process.
Answered on Dec 03rd, 2013 at 7:48 AM