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another ?,cont. from prev thread

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  • another ?,cont. from prev thread

    well, we located the father he has been contacted thru a neighbor(detective work on our part), but said he will not contact anyone nor does he want anyone contacting him. I spoke to an attorney today and she says looks like we must go to court for appointment of personal rep to protect our interests but he still has a legal interest in half of son's estate.of course, all of this will cost. this is a small estate situation,but now will come under the court. she tried to explain the procedure, but unless i write everything down, i think i have missed some things she said. can anyone answer my questions? thank you

  • #2
    Many courts provide materials (a booklet, instructions, etc.) that can guide you through the probate process. Whether you will still need a lawyer is not something that we can determine here.

    Basically, if your son did not leave a will, someone must file to administer his estate, whether it's as a small estate or a large estate. The administrator then must notify all of the person who are heirs to your son's estate under the formula set out by state law for person who die without a will. In every state with which I'm familiar, that would your son's parents (and not his siblings). In most state's, there's a court-approved form that must be sent. If your son's father is being non-responsive, you might ask the court to send the notification.
    I am not able to respond to private messages. Thanks!

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