What to do if my husband’s son died suddenly with no Will?

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What to do if my husband’s son died suddenly with no Will?

Do the funds in his bank accounts automatically become property of the state? If not, how do we go about closing them out.

Asked on October 16, 2012 under Estate Planning, Louisiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your husband's son died without a Will or trust in place then th son's assets go to those under the law deemed by statute with the closest bloodline or legal line such as a wife and son. If there is no wife and son, then most likely your husband inherits his son's assets. I suggest that your husband consult with a Wills and trust attorney immediately about the matter that you are writing about for assistance.

From what you have written, you will need to file an "intestacy" proceeding with the county court in the county where your husband's son died.

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

Answered 8 years ago | Contributor

I am so sorry for your loss.  Dying with out a Will is known as dying "intestate" and the intestacy laws in the state will apply.  Louisiana's laws differ from other states.  In Louisiana children then grandchildren of the deceased inherit first.  If there are none then siblings inherit.  Then parents. Spouses are last.  An estate proceeding will need to be opened and a Personal Representative will need to be appointed.  The PR will be able to obtain access to the bank account for payment of bills and distribution. If the estate is under $75 thousand dollars then it could be administered by small estate affidavit.  Good luck.


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