ARE FAMILY MEMBERS FIGHTING?

First, we need to determine what your relation is to the Decedent, and how other family member’s are related to the Decedent.

There is a very specific “order” in which property will be distributed to a person’s family, if a person dies without a will. It is roughly: surviving spouse (if any), then children, then siblings, then parents of the decedent.

When a person dies without a will there is an order of priority established by the court as to who would be a suitable Personal Representative. It is roughly: surviving spouse (if any), then children, then siblings, etc. However, the family can “agree” on any party, as long as they sign the necessary releases. A personal representative is the person who is granted authority by the court to administer” the estate, which means sign the documents, pay the deceased’s debts and distribute the property. Generally, this is an unpaid position, although the Personal Representative may be reimbursed for expenses incurred in executing his or her duties.

 



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