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reble4

Next-Of-Kin & Estate

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My daughter, who is 19, lost her father this past August 2018.  Since he had a girlfriend, but was not legally married to the woman, my daughter is his Next-Of-Kin.  What rights does she have? Is she automatically in charge of the estate?  His girlfriend and family are keeping my daughter out of the loop on everything and won't even give her something small of his to remember him by!  I have heard they have hired an estate attorney but can they even do that if my daughter is Next-Of-Kin.  She had to give permission for the Medical Examiner to release him and for the funeral home to do his funeral service so why is she now being kept out of the loop and what can she do to change it? Oh and her father was not worth a penny. He has substantial debt and does not own much as far as assets other than a car. 

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What state?  I assume you are not married to your daughter's father.  I also assume her father did not have a will.  I also assume your daughter is her father's only child.  If all that is true, your daughter would be her father's sole heir and would be entitled to his entire estate.

 

To take control of the estate she would have to apply to the probate court in the county or city where her father resided at the time of his death to be the administrator of his estate.  That would allow her to take control of the assets but would also obligate her to use the assets to pay her father's debts.  Whether the reward is worth the burden is something we cannot weigh.

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10 hours ago, reble4 said:

won't even give her something small of his to remember him by!

 

You mean in 19 years she hasn't accumulated memories and memorabilia of her father? That is so sad.

 

10 hours ago, reble4 said:

her father was not worth a penny. He has substantial debt

 

Then what on earth does she (or you) want?

 

 

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On 3/16/2019 at 9:59 PM, reble4 said:

What rights does she have?

 

Like everyone else, she has dozens of legal rights, and it would serve no useful purpose to try and list them.

 

 

On 3/16/2019 at 9:59 PM, reble4 said:

Is she automatically in charge of the estate?

 

No.  However, if she petitions the probate court to administer the estate, she may get priority, but her age could also work against that if someone opposes her appointment.

 

 

On 3/16/2019 at 9:59 PM, reble4 said:

His girlfriend and family are keeping my daughter out of the loop on everything and won't even give her something small of his to remember him by!

 

At the risk of sounding harsh, it's been seven months.  That's way too long for her to have sat around without taking action.

 

 

On 3/16/2019 at 9:59 PM, reble4 said:

I have heard they have hired an estate attorney but can they even do that if my daughter is Next-Of-Kin.

 

Anyone who wants and has the money to do so can hire an attorney.  Why would you think "they" might not be able to do that?

 

 

On 3/16/2019 at 9:59 PM, reble4 said:

why is she now being kept out of the loop and what can she do to change it?

 

We have no conceivable way of knowing why the persons involved (whoever "they" are).  What can she do to change it?  Retain the services of a probate attorney and petition to probate the estate.

 

 

On 3/16/2019 at 9:59 PM, reble4 said:

Oh and her father was not worth a penny. He has substantial debt and does not own much as far as assets other than a car.

 

Then probating the estate probably will be a waste of time and money (assuming you're right about this).

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