Who has the right to the assets of an estate?

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Who has the right to the assets of an estate?

My son’s father passed He had no real estate, however there were some uncashed paychecks. The eldest child states that she is the next of kin. Does she have the right/authority to cash the checks of their deceased father? What is needed?

Asked on December 4, 2013 under Estate Planning, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Assuming you son's father passed without a Will or trust in effect then his spouse and children share the uncashed paychecks and other assets per statute under your state's intestacy laws. For further help on this matter, I suggest that you consult with a probate attorney in your locality. One can be found via attorneypages.com.


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