Who is a person’s personal representative?

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Who is a person’s personal representative?

The father of my daughter passed away. His sister signed and sent to the coroner’s office a relinquishment of rights as next of kin. Is this relinquishment only to take care of final arrangements for the deceased or does it also make me personal representative of his estate? I have never dealt with anything even close to this and feel pretty lost. What do I do and where do I go from here?

Asked on January 20, 2012 under Estate Planning, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am so sorry for your loss.  One would need to read the papers involved here to let you know for sure what is going on.  But it sounds as if she did not want to deal with the issue of his final arrangements and hasnothing to do with his estate.But you also need to know thatif he died with out a Will and left a child or children, those "issue" as they are called would probably inherit everything under state law. You need to "apply" to the court to be the personal representative of his estate and the funeral bill will be something that has priority for payment from estate proceeds. Good luck.    


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