If my ex-husband passed without any family, can I be appointed representative of his estate?

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If my ex-husband passed without any family, can I be appointed representative of his estate?

The county released him to me as I was listed as the next of kin on his paperwork still. His house and vehicles were all paid for.

Asked on December 7, 2014 under Estate Planning, Kansas

Answers:

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

Answered 6 years ago | Contributor

I am so sorry for your loss.  Some states have a statute that addresses who may be appointed as the fiduciary of an estate when some one passes.  In this case it would be an Administrator because there is no Will.  If it is as you say - no relatives - then you can apply.  But you understand that you have no legal right to any of his estate because you have no blood or legal relationship to him any longer.  I would get legal help here.  Being appointed puts you in a fiduciary capacity and if you do something that would be considered a breach of that duty you could be personally liable.  Good luck.


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