If my children’s father is deceased and I’m the custodial parent, am I able to be the administrator or guardian of his estate?

UPDATED: Apr 2, 2015

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If my children’s father is deceased and I’m the custodial parent, am I able to be the administrator or guardian of his estate?

He did not leave a Will. His siblings want to control his assets. What options do I have?

Asked on April 2, 2015 under Estate Planning, Virginia


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

Answered 7 years ago | Contributor

I am so sorry for your loss.  Generally speaking, blood relatives would be given priority.  If you were married then you would have priority.  What you need to do is to have yourself appointed as the guardian of the children in court and then have an attorney send a letter to whomever is involved advising that you are making an application to be appointed on behalf of his children, who would generally be the only parties to inherit under the law if he died without a Will (absent property jointly held).   Once you are appointed as their guardian you can act legally on their behalf.   Good luck.

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