What are a child’s rights to their deceased father’s estate?

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What are a child’s rights to their deceased father’s estate?

My father died unexpectedly 2 years ago and he wasn’t able to leave any papers and/or last Will. He asked his sister to keep his money since we were still minors then. Now, my brother and I are having trouble getting the money from her since she and my father only had verbal agreement regarding this money. Is it possible that this case be brought to the court? And if yes, is it possible for us to get our money from our aunt?

Asked on May 15, 2012 under Estate Planning, Maine

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss and for the situation.  Probate Court is a good place to start to see if a probate proceeding was indeed filed for him. It is a public record so you can look and see what happened.  Then you will know what to tell the lawyer you speak with regarding the matter. If he died with out a Will and with out a spouse then you and your brother are his ONLY beneficiares under the intestacy statutes.   Good luck.


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