Do children have any rights to their deceased dad's stuff if his mother never informed them of his death?

Question

2 days ago my brother told me that our dad died last March. I live in Missouri and my brother was in prison at the time.The coroner told me that our dad's mom made arrangements for everything. My father told me that there were things he was wanted me to have (pictures and a car). I'm the oldest of his children and I didn't even receive a phone call about his death, let alone things that he promised to me. I'm devastated and heartbroken and want to know what I can do.

James Edward Berge · Answer

In California, the decedent’s children are the intestate heirs of the decedent and not the decedent’s parents.  If dad died testate (with a Will), the beneficiaries under that Will are entitled to his property.  Demand to know why your dad’s mom thinks she’s entitled to the property.  If she’s not entitled to it, demand an accounting from her.  You may need to hire a probate attorney if she’s uncooperative.  Good luck!

Julie King · Answer

If your father had a will or trust, the people named as beneficiaries in the document would be legally entitled to inherit your father’s assets. If he did not have a will or trust, then the law sets out the default: first to a spouse but, if no spouse, to the children. Ask your grandmother for a copy of any trust or will. If she does not cooperate, you will have to take her to court yourself or hire a lawyer to prepare a demand letter to force her hand. If she still doesn’t cooperate, then your lawyer or you would need to file a claim in Probate Court to get a judge to order your grandmother to cooperate. Best wishes.

Q: Do children have any rights to their deceased dad's stuff if his mother never informed them of his death?