owner of company died son has taken control over all company and personal assets. There's no will. This son thinks because his name is the same that everything his dad owns is his. He froze the company account before employees and suppliers could be paid. He intends to seise all company and personal vehicles along with his personal property. The deceased has a girlfriend that has been living with him. The son has broken into their house and said that it's his house. Dose he have legal right without a will to do these things
If there is no will, the estate would pass down to his legal heirs. If there is no spouse and no other children, the son would take his fathers assets but that doesn't mean he doesn't have to pay father's debts first. An estate should be opened to do all this properly.
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Probate is required (unless it is held in a trust).
The creditors should petition for appointment of an administrator of the estate.
Just because the name is the same does not give ownership rights.
Father's estate should be opened for probate.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
No. You have to probate the father's estate.
The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice. Mr. Leroi answers questions on Avvo because he strongly believes in public service from his years as a judge, magistrate, and prosecutor. If you need to ask any follow up questions because my answer did not fully address your question, feel free to call Chris or post an additional question. Thank you.
As to the house, Google, "Clark County property records" and you will find a website that tells the owner of real estate in Clark County if you supply the address. This website will also allow you to look at recent deeds. If the real estate was held solely in the name of the father and there was no transfer on death deed recorded in favor of the son, then the property will have to go thru probate. But if the son and father held the property jointly or if the son was named in a transfer on death deed to have the property on his father's death, then the son gets the property w/o probate.
Likewise, one would have to know how the company is set up to give you the best possible answer.