Legal Question in Wills and Trusts in Trinidad and Tobago
Hi, my mom just died two months ago and has no spouse. She has 5 children and has not left a will. How do we start the probate process to have everything split equal? Also if we can't agree on who to pick as the executor does that automatically go to the eldest child?
1 Answer from Attorneys
From the information provided your mom died intestate, no surviving spouse and 5 children. The children are each entitled to an equal share in the estate. Only up to 4 persons can make the application for Letters of Administration as such consent will be required. All the children (assuming all adults) have the equal right to make the application.
I suggest the parties have a consultation with an Attorney-at-Law who will explain that granting consent does not deny one his/her entitlement to the estate. In this situations the person who may be withholding consent should be allowed to be one of the applicants.
Anand Seepersad
[email protected] 1-868-786-3240
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