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My Brothers Death, without a Will

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HollyGreen

Guest
My Brother pass away, 1 year and 8 months ago, He has one child a son. My brother was living commonlaw with a woman when he passed away, My brother had no will, he owned a couple of cottages, some land, and a new truck, personal belongings, some of which he was saving for his son for when he was older. His son was given nothing by the commanlaw person, is there anything that we can do to stop her from selling any assets, without my brothers sons approval, he is only 11 years old, or is there any way that he can obtain the personal items which my brother was saving for his son. I have waited this long because, she had promised him several items, that he has never received, he is very upset that he does not have anything from his dad. Please help me, I thank you and appreciate any comments.
Holly
 


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depeche

Guest
Several questions, first of all what state did your bro live in? What do you mean he was living commonlaw...I assume they were not married? I have never heard of "living commonlaw" -- can you explain? Next, in every state I know, if they were not married and he had no will, his descendant (son) is legally entitled to all of the property. For the cottage, land, and truck, if they were titled solely in his name, no one will be able to change title or seell unless a probate estate is opened or other small estate procedure, if applicable. Check attorneypages.com for an attorney, or if you are in Illinois, I can lead you to an estate attorney.
 

ALawyer

Senior Member
The prior comment is right on! She has no right to his property unless there was a Will (that went through probate) or he had a Living Trust or had titled the property in both their names.

Taking the property is called "stealing". And you can't re-register the land without a notarized deed (did she forge one?) or going through probate.

Someone should file to be the administrator of his estate on behalf of the child and this requires a lawyer, and AttorneyPages.com is the place to find a good one.

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This is intended as general information only and NOT LEGAL ADVICE. You are not my client, and I have no obligation of any kind to you. To retain a lawyer, go to http://AttorneyPages.com
 

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