Do I need guardianship regarding an estate?
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Do I need guardianship regarding an estate?
My father recently passed away without a Will. I am the oldest and both of my brothers have a lawyer in place. They think that if I receive the money, I
will not distribute it evenly. However, I never said I wouldn’t, in fact I said I
would. I was told that I may need to get guardianship over his estate but I have no clue in how I should go about this.
Asked on March 28, 2018 under Estate Planning, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If there are no other children but the three of you and no surviving spouse, then the estate (money, real estate, etc.) goes to and is split evenly between the three of you. (After, that is, paying any final expenses and any unpaid bills your father left behind.)
What you need is not "guardianship" of the estate--guardianships are for people, not estates--but for someone (e.g. you) to be appointed the "personal representative" or "administrator" (some states use one term, some the other) for the estate: that is the person who essentially manages the estate and distributes the assets thereof. Contact the clerk of the probate court to ask about applying to be the personal representative or administrator for an estate when there is no will; the clerk should be able to direct you to information or resources.
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