Legal Question in Family Law in Mississippi
Who is intitle to a deceased belongings
my nephew died last month. he was single but he lived with his girlfriend. he had no will but he had live stock, equipment, money in a safe, and personal things. shouldn't his mother, next of kin, get what was his instead of the girlfriend. even though they had a child together. so she says. plus he was being sued for money he suppose to have won at the casino which his friend did by using my nephew's id. can't he get in trouble for forgery or something. to clear my nephews name.
2 Answers from Attorneys
Re: Who is intitle to a deceased belongings
If your nephew was unmarried and had a son at the time of his death, the son is the only heir at law.
The estate could probably sue the friend for fraud. whether there is a crime there would require a criminal investigation by law enforcement.
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Re: Who is intitle to a deceased belongings
If your nephew was not married, but died leaving a child, the child will get everything. If the child is a minor, a guardianship should be established so that the minor's inheritance can be properly held in trust. The girlfriend is not entitled to anything unless your nephew left a will which gives things to her. The nephew's mother (your sister?) would be the logical one to institute estate and guardianship proceedings to see that everything is properly handled.
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