Q: When a man passes away and doesn't have a will, who is the person responsible for making decisions on property left?
the relatives left behind are a 23 year old daughter, 16 year old son, and 13 year old girl. No spouse exists.
A: From the individuals mentioned, only the 23 year old daughter would qualify as an Administrator for the estate. Someone will need to apply to the Court to serve. Once they are granted Letters of Administration by the Court, they may collect all property, make transfers, sell, and manage assets. If the daughter does not wish to serve, maybe a sibling would be willing to do so. The Administrator must be over 18 years old. If a guardian has been appointed for the other children, they may also serve.
A: It will definitely go to Probate Court. There a judge will make the final decision. With only one adult child, the judge will rely heavily on that child and any wishes expressed by the deceased.
A: This estate would have to be administered by a court appointed administrator. People under the age of 18 will not qualify as an administrator. The statutes include who may apply in orders of priority. In this case the 23 year old daughter would be the one who has priority if she wishes to petition the court to be named the administrator. If she does not wish to do do so then the next in line in the statute could petition. Whoever is appointed the administrator would have to follow the rules of passing the property when no Will exists.
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