If a good friend of mine passed away recently but left no Will or provisions for his estate, can his son receive the money via probate court?

Get Legal Help Today

 Secured with SHA-256 Encryption

If a good friend of mine passed away recently but left no Will or provisions for his estate, can his son receive the money via probate court?

His estate in monetary only.

Asked on June 17, 2013 under Estate Planning, Florida

Answers:

Steven Fromm / Steven J Fromm & Associates, P.C.

Answered 8 years ago | Contributor

When a person dies without a will, they are said to have died intestate.  If this is the case the laws of intestate succession of the state where they lived will control who gets what.  The estate needs to be probated and estate administrator needs to be appointed.  Estate counsel should be retained to provide guidance and assistance throughout the estate administration.

Tricia Dwyer / Tricia Dwyer Esq & Associates PLLC

Answered 8 years ago | Contributor

Hello. Sorry for the loss of your friend, and the son's father. Further facts need to be known in order to provide appropriate legal counsel. The son should seek legal counsel from an experienced attorney in the state involved in the legal issue. When a person dies without a will, state laws governing intestacy apply. Some attorneys are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in limited scope manner to conserve legal costs. All the best.

Gregory Abbott / Consumer Law Northwest

Answered 8 years ago | Contributor

If he died with no Will, each State will have laws specifying how the assets are to be divided/awarded.  Usually it will first go to a spouse or 1/2 to spouse and other 1/2 to deceased's children if they are not also spouse's children; then children, then to parents, then to siblings, etc.  Son may or may not need to initiate a probate proceeding to settle the matter.  Son should see a local probate attorney to at least learn his options and anticipated costs.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption