Who receives the assets if there was no will? 11 Answers as of May 09, 2011

My Childs father was killed and there was no will. All of his assets are now with his brother. I was told that if he was never married and since my child is his only son, all of his assets belong to my son. Do I need to sue my Childs father brother for assets?

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Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
Yes, you must sue his brother in order to have your son inherit the estate of his late father. Hire a lawyer quickly and get right to it before it gets spent or dissipated. Good luck.
Answer Applies to: New York
Replied: 5/9/2011
Law Office of Larry Webb
Law Office of Larry Webb | Larry Webb
Don't sue, open a probate as an interested party.
Answer Applies to: California
Replied: 5/5/2011
Law Offices of Brian Chew
Law Offices of Brian Chew | Brian Chew
Yes, if there was no will, his then living children would be entitled to all of his assets. You may need to pursue his brother in probate court.
Answer Applies to: California
Replied: 5/5/2011
Apple Law Firm PLLC
Apple Law Firm PLLC | David Goldman
All of his personally owned assets which are subject to probate should be your son's (his son). Please contact us as you would need to open a probate to begin this process.
Answer Applies to: Florida
Replied: 5/5/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
You may need to request relief from the Probate Court. Filing a Petition for Estate Administration will be necessary unless the brother is willing to turn over the assets.
Answer Applies to: New Hampshire
Replied: 5/5/2011
    Law Office of Sam Levine, LLC
    Law Office of Sam Levine, LLC | Sam L. Levine
    In the event that someone dies without a will In Georgia & in most states, the state decides based upon statutory law how the assets are/will be distributed through what is known as "intestate succession", which interestingly enough almost mirrors how most people who die would want their assets distributed. Still, it is important to have a will so that your full wishes are followed.
    Answer Applies to: Georgia
    Replied: 5/4/2011
    Law Offices of Timothy G. Kearney, LLC
    Law Offices of Timothy G. Kearney, LLC | Timothy G. Kearney
    When someone dies without a will their assets pass by the Laws of Intestacy. Based upon your example it would appear that your son may be entitled to the assets. You should speak with an attorney who can advise you how to best proceed in this matter.
    Answer Applies to: Connecticut
    Replied: 5/4/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Every state has a law that governs what happens to the property of a deceased if they do not leave a will. Most states provide that the surviving spouse is first, and if there is no surviving spouse, then it goes to the child or children of the deceased. If the brother will not turn over the assets, then a probate may need to be filed to obtain a court order to have the assets turned over.
    Answer Applies to: California
    Replied: 5/4/2011
    Law Office of Richard B. Kell
    Law Office of Richard B. Kell | Richard B. Kell
    You were correctly told that in his situation all of the assets should go to his son. However, the assets will still have to be probated in order for legal title to be transferred to his son (and a trust may have to be set up). Someone needs to petition the court for probate of his estate. And since there was no Will, someone will have to be appointed as the personal representative of the estate.
    Answer Applies to: Massachusetts
    Replied: 5/4/2011
    Meyer & Yee, LLP
    Meyer & Yee, LLP | Kent W. Meyer
    If there is no will state law will determine who inherits the estate. The estate would be split between a spouse and children if there was a spouse. However, with no spouse it should probably all go to the son. A suit may be necessary but you could use a simple process to transfer title depending on the size of the estate.
    Answer Applies to: California
    Replied: 5/4/2011
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