who get inheritance???

[redcannon]

What is the name of your state? louisiana

my son just died at 21. he had never been married but did have a 3 yr old son. I am responsible for all funeral expenses, the baby will get survivor benefits, but who will be able to receive his final paycheck from his work??? they are telling me that I have no rights, that the paycheck will go to the child - the child's mother will need to sign a form and receive all funds.

I don't want to keep anything from my grandchild, but it seems that I should be able to get that money and apply it to the funeral expenses. There was no will, and no insurance of any kind. My son did not have any significant values of property - just clothing and electronics. But his girlfriend who he had a joint account with has already closed that account and taken everything.

where do I stand? do I have any rights at all???

please help

 

[justalayman]

What is the name of your state? louisiana
I am responsible for all funeral expenses,

Why are you responsible for funeral expenses?

and yes, base upon intestate succession in La., the child inherits the fathers estate and since the child is under age, the mom takes care of the childs money.

 

[BlondiePB]

Why are you responsible for funeral expenses?

and yes, base upon intestate succession in La., the child inherits the fathers estate and since the child is under age, the mom takes care of the childs money.

Any bets on who signed the contract making him/herself the guarantor?

I'd like to know how EXACTLY was the bank account titled and how much the electronics are worth to determine whether opening probate and filing a claim for the funeral would be worth the time and money.

 

[justalayman]

Any bets on who signed the contract making him/herself the guarantor?

I'd like to know how EXACTLY was the bank account titled and how much the electronics are worth to determine whether opening probate and filing a claim for the funeral would be worth the time and money.

Hi Blondie, how ya been? Well I hope.

I'm sure the OP has committed him/herself to the expenses. A mistake but many believe they "have" to take care of it when the estate should be taking care of itself.

I need to correct my post actually. The check will go into the estate and after the estate bills are paid the child will inherit the remainder. I don;t know if loiusiana has one but in Indiana we have a "small estate" probate for situations such as this. It allows an estate rep to take care of the estate with minimal expenses. Actually near nothing if an attorney isn;t needed or utilized.





I just took the OP's comment that the account was held jointly as factual.

 

[BelizeBreeze]

You still need to file probate. The check, regardless of who told you what, is an asset of the estate and the employer cannot circumvent the law by 'giving' it to anyone.

So, go to the courthouse first thing this morning and ask for the forms to file a small estate probate. Once you do this, you will be given "Letters Testimentary" which allows you to act for the estate.

The estate's assets then can be used to pay the funeral expenses, collect any outstanding debts owed to it, and collect any unused assets such as bank accounts solely in the name of the deceased.

The estate can also sell assets such as vehicles and real property.

HOWEVER, once the debts of the estate have been settled, the child, as heir, receives the remainder.