Q: My 28 year old son passed away in California recently. I was contacted by a lawyer hired by my ex husband.
The law office said they are going to settle our sons estate since he had no will. Do I need my own attorney?
I just wanted to add a little more information. I didn't think I would need a lawyer and wasn't even thinking about until the law office contacted me. I thought my son only had a life insurance policy and perhaps retirement account at work and maybe a small account. I didn't think these types of things went through probate but obviously I'm not a lawyer. The lawyer that my ex-husband hired and seems to be directing did inform me that my ex plans to file a wrongful death suit. With this additional information I would appreciate any additional input. thank you so much.
A:
Probably not.
Your son died "intestate" (without a WIll) so the process is very straight forward. The estate will have someone appointed by the court to handle it, things will be inventoried and divided according to the law. If he had no wife or children, then your ex-husband and you will divide the estate equally. A record of everything will be posted with the County probate court.
If your son had significant assets, then an attorney can help make sure you aren't cheated in any way. But generally it is a very simple process.
Bill Sweeney agrees with this answer
A: Sorry for your loss. If it is a simple estate administration, you will probably not need an attorney to actively participate. It will probably be worth your while to have a consultation to review the situation. If there is litigation involved, such as a wrongful death suit, then you would want to have an active attorney protecting your interests.
Bill Sweeney agrees with this answer
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