When a person dies with no spouse, two minor sons and no will who handles the legal matters?

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When a person dies with no spouse, two minor sons and no will who handles the legal matters?

My ex-husband passed recently. He was my son’s father. He had no spouse, two minor children 11 y/o and 6 y/o. My ex had 4 siblings, and an estrange father. Who by law should have the right to his property and to handle his affairs?

Asked on February 26, 2019 under Estate Planning, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No one has a "right" to manage his affairs since he did not have a will and so did not designate anyone in a legally enforceable way to do this. Rather, the court will have appoint someone to that role--to be the personal representative for the estate. When there is no spouse and only minor children, a sibling or parent would be the logical choice, but until someone is appointed by the court, no one has any authority over his estate. Any relative of his interested in taking on this role (like the sister) should contact the court about applying to be the personal representative.


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