Q: I have a friend that recently loss her 20 yr old daughter and needs proof that she has ownership of her belongings.
Can she obtain anything from the courts to show she is currently the next of kin and has rights to her daughters belongings? Daughter has always lived with her mother until death. Her daughter had no kids and was never married.
A:
Most states have small estate affidavits or affidavits of heirship (they go by different names in different places) by which an heir can swear to certain facts, including whom the decedent’s heirs are. Persons holding property or funds of the decedent are entitled to rely on such affidavits and turn over property to the heirs. The young woman’s mother would most likely be an heir. Your friend would need to be certain as to her state’s succession laws (which, in the absence of a Will of her daughter, would determine to whom her property should go). Alternatively, she could file a petition with the court to determine heirs and distribute property, which shouldn’t be necessary unless the daughter died possessed of a valuable or significant estate. Have your friend talk to an experienced probate lawyer in her state for guidance. Many offer free initial consultations.
PS: My comments here are for general information only and are not legal advice as to your specific situation, nor do they create an attorney-client relationship between us. Contact a lawyer in your state for legal advice.
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