If my brother recently died without a Will but his girlfirend won’t give any of belongings to his children, what can be done?

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If my brother recently died without a Will but his girlfirend won’t give any of belongings to his children, what can be done?

My brother moved in his girlfriend’s house and lived there 4.5 months and died without a Will. He moved all his furniture and belongings there and now the girlfriend won’t give anything of his to his children. Is there anything they can do to get their father’s poperty?

Asked on July 31, 2012 under Estate Planning, Missouri

Answers:

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

Answered 8 years ago | Contributor

I am so sorry for your loss.  Some one has to be appointed as the Personal Representative of their Father's estate.  You did not state how old the children are.  Only an adult can request that the court appoint them and you do that by filing a petition.  Once appointed the PR has the pwoer to gather - called marshal - assets of the decedent.  Good luck.


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