minor childs father dies W/O will

[protectinggeo]

What is the name of your state? pa
My sons father died without a will. He didn't have a lot but the parents took everything of the sons because he lived with them and my son lives with me. my son is eight. is there anything we can do to get his father things for him? Can he file for estate rights or anything. How do we find out if he had more life insurance?

We know he had life insurance and have filed for it. The dead man's parents have filed for it. Saying they will take care of it for my son. Can they get away with that? Can I fight for my son?

 

[JETX]

is there anything we can do to get his father things for him? Can he file for estate rights or anything.

Since the childs father died intestate (without a will) AND without a surviving spouse, his ENTIRE estate
passes to his child(ren). You should contact a local probate attorney to help your son assert his rights.

PA Intestate Distribution:
Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes as follows to:
1. Decedent's issue.
2. Decedent's parent or parents equally.
3. Decedent's brothers and sisters, or their issue.
4. If none of the above relatives are available, but the decedent is survived by one or more grandparents or issue of grandparents, half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent or to the issue of the paternal grandparents if both are deceased. The other half passes to the maternal relatives in the same manner. If there is no surviving grandparent or issue of grandparent on either the paternal or maternal side, the entire estate passes to the relatives on the other side in the same manner as the half portion would.
5. Decedent's uncles and aunts and their children and grandchildren.

We know he had life insurance and have filed for it. The dead man's parents have filed for it.

Sorry, but you don't 'file' for life insurance. Payment will be made to the beneficiary as made by the holder.

 

[Betty]

If your son's father died without a will, his estate will be distributed under the law of intestate (dying without a will) succession of the state of Pa. Life ins. proceeds are not part of the estate & go to the named beneficiary/beneficiaries.