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What are my rights as a minor?

What rights does a minor child have to her deceased parents belongings?

  • My daughter,14, recently lost her father. She is hurting and wants some of his belongings to remember him by however, her grandmother is trying to just keep everything.. Does she legally have any rights? No will.. In illinois

  • Answer:

    Whoever has possession of the property has the right to continue to keep it until a court appoints a representative of the estate. After that, the representative has the right to all of the property until the court decides who should have it permanently. There will never be a representative unless someone petitions the court for appointment of one. You should see a probate attorney. That attorney will file a petition for appointment of a representative of the estate. Your daughter will turn out to be the preferred heir ahead of the grandmother regardless of who is appointed as the representative. Your attorney will try to get someone other than the grandmother appointed - maybe you. Anyway, if you don't go through this legal action, then there is no way to force the grandmother to give up anything. This answer must not be relied on as legal advice for the reasons posted here: http://mcgyverdisclaimer.blogspot.com . And I am not your attorney. Mayan

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Other answers

Consult your lawyer. It is complicated, since he died without a will. However, you may be able to apply to probate the estate. If the court names you as administrator, you would have authority to distribute the assets under the law in your state. Was the child of a marriage, or was the child recognized by a court to be this man's child? If not, the situation is even more complicated. If there is no will and if the child is not his legitimate child, his mother may be next of kin. Consult your lawyer.

LovesTheConstitution

Yes, she has rights. These are the laws of succession for intestate (without a will) in Illinois: (a) If there is a surviving spouse and also a descendant of the decedent: 1/2 of the entire estate to the surviving spouse and 1/2 to the decedent's descendants per stirpes. (b) If there is no surviving spouse but a descendant of the decedent: the entire estate to the decedent's descendants per stirpes. (c) If there is a surviving spouse but no descendant of the decedent: the entire estate to the surviving spouse. (d) If there is no surviving spouse or descendant but a parent, brother, sister or descendant of a brother or sister of the decedent: the entire estate to the parents, brothers and sisters of the decedent in equal parts, allowing to the surviving parent if one is dead a double portion and to the descendants of a deceased brother or sister per stirpes the portion which the deceased brother or sister would have taken if living.

tonalc2

The child is the closest relative and legally has priority over the grandparents.

Max Hoopla

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