Distributing shares

[blackcatrian]

What is the name of your state (only U.S. law)? Kentucky.

My father in law passed away 3 months ago and my Mother in law passed away three weeks ago. She had 80-100 thousand dollars in CD's and Bonds left to her by her husband. There are five siblings, one sibling has contacted a lawyer and had him send out a letter to the other sibling to appear in court and agree to point him administrator of the mothers estate. No property is involved. Do the four siblings who have been summoned to court have to appoint him as a administrator to her estate? And does the law require that a administrator be appointed? Correct me if I am in error, there was no will left by the Mother in law, so does this mean that the money will be evenly distributed among all serving siblings on order by the court? The son who is attempting to get appoint as administrator is after every bit of the money that she left behind. Please advise me.

 

[anteater]

Correct me if I am in error, there was no will left by the Mother in law, so does this mean that the money will be evenly distributed among all serving siblings on order by the court? The son who is attempting to get appoint as administrator is after every bit of the money that she left behind. Please advise me.

I assume that there is a typo. What did you mean where you typed "serving siblings?" Surviving?

After the expenses of administering the estate and any creditor claims are paid, her children would be entitled to inherit equally. "Her children" would include any that predeceased her if the predeceased child had children.

Do the four siblings who have been summoned to court have to appoint him as a administrator to her estate? And does the law require that a administrator be appointed?

Technically, the court appoints the administrator. Since there is no surviving spouse, the court would give preference to the children for appointment. There is no preference among the children. If your spouse and/or her other siblings object to the appointment of the sibling who apparently has applied to the court for appointment, then they need to object - with convincing reasons that the one sibling should not be appointed.

In the meantime, your spouse should read up on the probate process in KY by doing a search on terms like "Kentucky probate." Here is one introduction:

http://courts.ky.gov/nr/rdonlyres/0f4558e0-7da9-4571-9a64-913ec2e94ebd/0/p88probateguideforproselitigants609.pdf