When a parent dies with no spouse, can anyone but the children sell the possessions that are left?

Question

My ex-husband died and his family is taking control of selling his possessions without my son's consent. Is that legal? I thought the children of the deceased were entitled to everything and not the deceased's siblings.

Answer 1

Unless there is a will, he is intestate, or however you spell that. See an attorney quickly, or it will all be gone. Yes, the son is entitled to his heritage.

Answer 2

Well it is left up to the children if there is no spouse involved. But if they had a will that they appointed a executor of, then that is a new ball park. But if not, then yes the son has all legal rights to the stuff. He needs to get a lawyer. Then nothing can be sold or taken till it is settled legally.

Answer 3

depending on the will and the age of the child, they might be doing wrong, since you are his guardian you might be entitled to hold some of the stuff till he reaches legal age.... you might want to ask them about the will. Just tell them that your son needed to know if his dad left him any personal property to remember him by...

Answer 4

Im not a lawyer, but my logic would say no.
But then i suppose it depends on the terms of his will too.
I think you should get a laywer quick sharp and stop them before your son looses everything though.

Answer 5

If he doesn't have a will, the son will eventually get the property.

Answer 6

DID HE LEAVE ALL HIS THINGS TO HIS SON? WHAT ARE THE LAWS IN YOUR STATE? BETTER GET THE FACTS ASAP OR YOU MAY BE S.O.L. MY FATHER DIED WHEN I WAS 20 I NEVER EVEN MET HIM AND HIS FAMILY NEEDED MY PERMISSION TO BURY HIM. I LIVE IN CALIFORNIA. YOU NEED TO CHECK THE LAWS.