Legal Question in Wills and Trusts in Missouri
My son died a few weeks ago and was a single father. The mother lived with them. My question is, I know that all of my sons stuff is now my grandsons by law (there was no will). I assume all of his belongings will need to go thru probate, including clothing and all personal items? Since we are the grandparents, and parents of the deceased, and my son and the childs mother were never married, who should hold possesion of his belongings until my grandson is old enough (he is only 2) to make decisions about the property? The mother is selling some of the stuff as we speak.
1 Answer from Attorneys
My condolences for your loss. There is no set rule on who holds the items. It is up to the Probate Court. If you feel that assets are being wasted and sold, then you might want to apply to become the Personal Represtentative of your Son"s estate. The mere application will give you some authority to take charge of his assets. You will need to consutl direclty with counsel in the area where your Son lived, to get teh aplication drfted and filed. Many attorneys offer a free or low cost initial consultation. Go see, one to get advice specific to the facts of your grandson's situation.
Good luck
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