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Do I need to file an executor claim of my late fathers estate if he had no property & no assests. Im in CA he lived/died in OR.
Portland, OR
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Posted 4 months ago in Probate
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My father recently passed away. I have a copy of his unsigned will .To my knowledge my dad has no assests. He does however have a minor child whom he has sole legal guardianship of. The minor child is now back w/ his natural mother, although she hasnt filed any paperwork w/ the court to name her as his legal guardian. My lil brother is receiving ssi now paid to her?
How do I go about handling my fathers affairs as there is no signed will? Yes the unsigned will does in fact names me and a second sibling as executor of his affairs. also executor of minor childs funds. my dad retired 12 months ago, his previous employeer of 41 years refuses to provide me with benefit information unless I provide court documents appointing me the executor of his estate- can they do this? Answers (1)
James P. Frederick
This attorney is licensed in Michigan.
Posted 4 months ago.
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If there are in fact no assets, then there would be no reason to initiate probate proceedings, as the sole purpose of probate is to provide legal authority to transfer the assets of a decedent. The employer is probably correct in withholding this information, because the ONLY person authorized to obtain the decedent's assets is the personal representative. Usually, they will tell you whether or not there ARE any benefits, since you have no idea what to do, if they give you no information.
In your position, I think I would initiate the probate estate and obtain letters of authority from the court. You might also want to check with the IRS to see whether or not there may be other assets you were not aware of. If you have any other questions, please feel free to contact me. James Frederick |
