if there is no living will who if in charge of some ones property?

Question

my grandpa past the away. there is no legal will. my aunts are trying to get my mom to sign a paper without consulting a lawyer. they treated my mom dirty. they have hide things from her. they went to my grandpa's house the other to remove his stuff without my mom.do they have legal right to do that?

Answer 1

Next of kin is the executor of the estate. This would rightfully be your grandpa's wife (grandma) if she is still living. Otherwise, the estate goes to the children; usually equally. Your sisters are trying to get your mom to relinquish this right. They do not have the right to go to your grandpa's house and take anything unless it is agreed upon by all parties and is legal! Please, tell your mom to get a lawyer!!!! This is very important because dividing estates is very difficult and an attorney can act as a mediator and a witness. Plus, there are incomes, properties, and other articles that may be required to be reported to the IRS. Get an attorney who specializes in wills and estates!

Answer 2

Since your aunts are trying to get your mother not to see an attorney, the only inference possible is that they know they are doing something that they should not.

Your mother needs to hire an attorney ASAP!

If grandpa did not have a will, the court will divide the property into as many portions as there were children of his living at the time of his death, plus portions for the child or children of any child of grandpa that died before grandpa.

In order that your mother, or you, get the proper share, the court will have to stop your aunts from stealing everything that's not nailed down.

Attorneys that do probate work generally will agree to be paid out of the property being probated. Also in most states the fees have to be approved by the judge.

Answer 3

First it is not a "living will" but a will, a living will is about medical care if one can not speak or communicate.

If a person passes away, and there is no will, the probate court should decide and appoint an exectitor of the will.

and the aunts have no legal claim at all, without a will, it would be the childrenif the other spouse is passed away, or divorced.

So the aunts should be keep locked out and told that they have no right to the estate at all.

Your mom need to change the locks to keep them out and order them to return the property or theft charges will be made.

Answer 4

First of all you said a living will and a living will has
nothing to do with ones property
And if your grandpa has a standard will someplace
bank or safe deposit
which you said he does not have a legal will
then a lawyer is not going to do you anygood and the law is
the law
And the state or country you live in gets to decide
and your grandpa's personal stuff it belongs to the state
or country
Nothing you can really do about it if somebody dies
without a legal will

Answer 5

No; the intestate rules will apply. Have your mom consult an attorney or legal aid. The laws of your state will apply, but usually the estate will be evenly divided among the remaining lineal heirs...you mother and her siblings should get an equal share of grandpa's assets. Good luck.

Answer 6

They DO NOT have the right to do that and your mom can sue them. If there is no living will, the estate goes to the closest kin, which in this case probably means it is split between his children. If he had no kin, it would go to the government. Your mom needs to consult a lawyer regarding this issue, and tell her to NOT sign that paper without getting advice first. If she has access to the house, she should go document things in there with a camera if she can.

Answer 7

Normally the state will step in if there is no will (living will's deal with life sustaining when one's mentally incapacitated - just helping you there). Your mother should get a lawyer and a restraining order of some type to keep relatives away until something legal can be arranged.