What to do about my mother’s estateif she passed away without a Will?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do about my mother’s estateif she passed away without a Will?

She no spouse and was not a citizen of the US. She does not have much as an estate; it is a 401K with her employer. She identified the benefit to be left to her estate.

Asked on February 29, 2012 under Estate Planning, Arizona

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss.  I am assuming that your Mom was a resident alien as she was able to work and has a 401K.  She died "intestate" and the intestacy laws in the state will govern how the estate is probated.  There may be certain tax concerns here because of her status so you should speak wth some one who can help there. You should go to the probate court in the county in which she resided at the time of her death and file a petition to be appointed as the personal representative.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption