Who decides if I get any money from my dads estate, the Administrator of my fathers estate?

Question

Who decides if I get any money from my dads estate, the Administrator of my fathers estate?

My father passed away in March, he left a will but it was unsigned, so the lawyers that my aunt and uncle hired assigned someone as administrator of my fathers estate( it ended up being them, my aunt and uncle) I signed for this, but I didnt realize untill i did it this question...

Are my aunt and uncle going to be the one's to decide who gets the money or not, or is it the law that the money is given to me, my sister and my brother equally?

They have bassically kept me clueless about what's going on since they are on the other side of the family, and I think my aunt, uncle, brother and sister might be trying to ot give me my share.

Answer 1

Hire a lawyer before it is all stolen from you.

Answer 2

It's hard to answer this question without knowing what the will actually stated. If there was a provision that you are entitled to some sort of inheritance, settlement, or other type of compensation, then I say you have a case.

Being that the will was unsigned and not legal and binding, then I do not believe that your aunt and uncle have legal rights to act as administrators to the estate. The estate (depending on who has the legal right of ownership) should go to the immediate family of the deceased (depending on state law). Immediate family would be the surviving spouse, children thereof (if they are of legal age), or in the event of no survivors (immediate family) then the estate then gets turned over to the county or state.

I would look into getting an attorney to check the will. Like I said, if it was never signed and notarized, then the will is not legal and you and your brothers and sisters have equal rights to it. Your aunt and uncle have no legal rights to the land. If you are under the age of 18, the land is then put into a trust estate (check state law) until such time that you or your brothers/sisters turn 18.

Answer 3

The law decides. There is no legal will so the estate needs to be probated and there is a formula to spit up the proceeds of the estate. You aunt and Uncle and merely the executors and as such are entitled to some reasonable expenses for which they must provide a full accounting. They have no say in who gets what. You are entitled to an accounting upon request. You can challenge any decision you think are not right via the courts. On the other hand there must be some reason for your paranoia.

Answer 4

If there was no signed and documented Will, your father's Estate should pass first to his spouse, then to his heirs (his children). The Courts should appoint an Executor/Executrix to see that the Estate is divided equally and fairly. If the Court has been bypassed in making this decision, contact your DA's office. If they can't help you, they'll give you proper instruction on what to do. I would think that not only are your aunt and uncle guilty of hanky-panky, their attorney is as well.

Take immediate action though. Once your father's Estate is gone, you may not be able to recover the monies spent by others nor items they've disposed of.

I'd appreciate knowing how you make out. Good luck.

Source: Retired legal secretary

Answer 5

Generally they have to distrubute as the decedant intended. If that wasn't the case, an administrator could always give everything to themselves.

The way the process is held in check is that family members can appeal in court (i.e. Anna Nicole Smith) and the judge decides if it was fair. Most likely a judge would take into consideration an unsigned will as a framework for what was the intended distribution.

Answer 6

The estate should go to probate court where the judge decides who gets what. If there was no will the court should have also assigned the administor for the will.

Your aunt and uncle sound like they are basicly planning on stealing what they can by using thier attorneys

Answer 7

initially you like a sturdy lawyer, on account that there grew to become into no will signed,then the valuables must be divided the two.. the execuator 0f the valuables has to place aside all money from the sale of any materials,, the execuator can declare a functional volume for doing this artwork,,, as quickly as the sales are finished and the money interior the economic enterprise , then the execuator could desire to pay all surprising money owed owed via excursion father,, secured money owed comes first, then unsecured,, then what's left is diveded between the youngsters ,,,thus,,, provideing there's no spouse... via the way who authorized your aunt to be the execuator ?? considered one of those element occurs each and all of the time while money is involed,,,, it is why it is so substantial which you have a will in tension, to spell out exactley what you like finished.. sturdy success

Answer 8

Every state has laws of "intestate succession" that determine who gets what when someone dies without a will or a living trust. The first order of business would be to make sure your father's final bills were taken care of and then the court can supervise distribution of the assets. You should retain a local attorney to advise you on exactly how much you are entitle to. Typically the assets will go to the closes relatives firsts (i.e. spouse and children). However the exact details are a matter of state law.

Answer 9

Your age would have been helpful, but here goes...u need 2 go 2 the courts & ask for a guardianship over your inheritance. explain how u feel & ask a judge rule in your favor. This would b orphans court. don't need auntie & unk spending what is legally yours. But if u do not do this soon it could b gone. Age is no restricter as the court w/ protect u on your behalf no matter how old u r. Get ready for hell once they find out thru court papers.

Answer 10

You dad's wife (if there is one), and any other siblings (if there are any) is where the money should go. You are considered "Heir". If I were to die tomorrow and left a bunch of money sitting in the bank with no will, my children would get it because they are considered "legal heirs". Since they are minors, a trustee would be assigned, probably my sister or mother to insure their money is properly handled. I'm pretty sure thats how it works everywhere. I get a consultation with a lawyer in your area.

Answer 11

Sounds like the got control, but it sounds shady to me. I don't know their intentions, but you might look into getting some free legal counsel. Call your local city hall or country court house to find out more info on that. Check out this site www.lawinfo.com