My Father was found dead last Sunday in his home. He didn't liver a Will or insurance. His Union will not tell who he has left the benefits to for his Funeral. The Police give his guns to people that lived nearby. He has a house and two cars that I can't touch.
2007-07-04 19:34:46 · 4 answers · asked by jenni_ajaz 1 in Family & Relationships ➔ Marriage & Divorce
i have a little experience with this in alabama
1st you'll need to get a list of all of his property and what it is worth. then go to the funeral home and submit to them the amount ask for a payment plan or for them to bill the estate. then get an attorney and file for administer of the estate
1st off no one is to do anything with the estate until an executor is appointed... the police had no right to give the guns away.
whether he owned a home etc.... property even his socks
cannot be sold or given away without a written will
in alabama you have a year to appoint an executor or the state takes all.
the rules for heirs are:
spouse first if no spouse
then children (equal shares)
then parents
then brothers/sisters
then other relatives
as soon as you have an administrator or executor you can then ask the judge for an immediate order to sell the property to pay debts including his burial. you cannot take any money for 6 months for yourself.
2007-07-04 20:04:54 · answer #1 · answered by yahooanswersgirl 3 · 1⤊ 0⤋
First of all, if your father died without a will, the government will appoint a legal executor of his estate. His estate will be split evenly among his legal heirs (Children, spouse, etc.). If he did not have any legal heirs, his estate would escheat to the government. This obviously will not be the case though if you are his actual child. My advise, find an attorney, many won't charge for an initial consultation on matters like these.
2007-07-05 02:43:24 · answer #2 · answered by April W 1 · 0⤊ 0⤋
I'm sorry to hear of all this... I'm sorry for your loss.. my experience with my Dad and other relatives was that they'll bury him and you (or another person) can sign off as the responsible party.. that will give you time in court to settle with the executor of his estate and other legal issues. I'd also check with an attorney in your area for specifics (try one listed as giving free consultation in the phone book).
2007-07-05 02:40:08 · answer #3 · answered by Wildflower 6 · 0⤊ 0⤋
you need to talk to a lawer on this matter police cant do that in this case it.s not legal on there part. in my opion?
2007-07-05 03:07:20 · answer #4 · answered by the_silverfoxx 7 · 0⤊ 0⤋