What to do if I am the mother of an adult son who passed away with no Will?

He was not married and had no children. His father, my ex-husband, is willing for me to both be the executor of the estate and forfeit his rights to the estate. How do we proceed?

Asked on September 14, 2013 under Estate Planning, Maryland

Answers:

Nathan Wagner / Law Office of Nathan Wagner

Answered 7 years ago | Contributor

You should talk to a local probate attorney to find out whether it is necessary to file a probate case for your son, based upon the assets he had. If it is necessary, you can file for probate and ask the court to appoint you as administrator. You can have your ex-husband sign a disclaimer, saying that he forfeits his rights to inherit from your son's estate.

Nathan Wagner / Law Office of Nathan Wagner

Answered 7 years ago | Contributor

You should talk to a local probate attorney to find out whether it is necessary to file a probate case for your son, based upon the assets he had. If it is necessary, you can file for probate and ask the court to appoint you as administrator. You can have your ex-husband sign a disclaimer, saying that he forfeits his rights to inherit from your son's estate.


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