What to do when someone dies without a Will?

UPDATED: Aug 7, 2012

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What to do when someone dies without a Will?

My grandmother died intestate. Prior to her dying she had been declared legally incompetent. I and my brother are her legal heirs. We both have a 50% interest in what is in her estate. Do we both have to agree on how funds that are due to the estate are collected before an attorney can legally collect funds that are due? And even though she died intestate there are documents that clearly outline her wishes in the event of her death. My brother is not in agreement with the wishes of my grandmother and is only concerned about himself.

Asked on August 7, 2012 under Estate Planning, Missouri


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

Answered 10 years ago | Contributor

I am so sorry for your loss.  Unfortunately it is very difficult to understand exactly what you mean here with out knowing all the facts.  Generally if some one dies with out a Will they are said to have died "intestate" and the intestacy laws in the state will govern the distribution. Some one has to be appointed as the Personal Representative of her estate and quite possibly his as well. Get legal help.  Good luck.  

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