Legal Question in Wills and Trusts in Oklahoma
waving rights as personal represenative
I am the sole heir of my father's estate which is worth less than 60k.my dad had a guardian that was appointed by the veterans administration.I live out-of-state,and I am considering waiving my rights as executive administrator to the guardian's attorney.my father died without a will.is this a good idea? if I do waive my rights to this attorney,could another family member such as a cousin or aunt step up and become personal represenative over the attorney? what exactly is the job of the personal represenative?
2 Answers from Attorneys
Re: waving rights as personal represenative
You need to have someone appointed as personal representative to collect and distribute the estate. Talk to a local attorney about a probate under section 145 of the probate code.
Re: waving rights as personal represenative
The guardians of your father's estate only took care of his VA disability money while he was alive. To release the funds to you, the VA needs to receive a court order from an Heirship Proceeding (a simple proceeding that just determines the rightful heirs) and then they take care of some administrative house-cleaning. You probably need to hire a lawyer to help you with the heirship proceeding and wind things up for you. The personal representative that is normally appointed by the court in one of these proceedings is usually the next of kin, such as a spouse or child. My condolences on the loss of your father.
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