What are a child’s rights to thier father’s estate?

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What are a child’s rights to thier father’s estate?

My girlfriend’s ex has just commited suicide. He has 4 kids, 3 well over 21 and a 13 year old with my girlfriend. He advised the 4 to split the assets but the older 3 have locked the house up and are excluding the 13 year old child, who was also the only one living with his father. All the boy’s things are locked in this house. What can be done?

Asked on April 1, 2013 under Estate Planning, New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The rights of any child to a deceased parent's assets are typically spelled out in a Will or trust of the passed parent. If there is no Will or trust, then your state's statues on intestacy proceedings will spell out how assets are divided. I suggest that the children consult with a Wills and trust attorney about the matter.


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