How much does a deceased persons assets have to be to file an estate?

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How much does a deceased persons assets have to be to file an estate?

A parent has died with one surviving son and multiple grandchildren. Her other son has passed away and his wife is left behind. She is trying to file an estate when she is not next of kin and is harassing the blood-related son and tell him and his children what they are going to do with her property and how they are going to handle it. There is no Will.

Asked on March 7, 2012 under Estate Planning, Indiana

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss.  If there is no Will then the parent was said to have died "intestate" and the intestacy statutes in the state of Indiana will decide how the estate is distributed.  Now, first it is unclear to me from my reading of your question if some of the grandchildren are the children of the deceased son.  It is also unclear to me in the reading of the statute if the share of the deceased son would pass to his children if there are any.  But understand this: his wife is entitled to NOTHING under the intestacy statute regardless of the issue with the children.  So the surviving son has to fight her being appointed as the fiduciary - may be called administraotr or personal representative - of the parent's estate and ask to be appointed himself. Then get legal help with the person.  Good luck.


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