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Minor is sole heir but other family taking possessions

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Murfey71

Junior Member
What is the name of your state?What is the name of your state? Missouri

Drew's (my 10 yr old son) father passed away on October 25, 2005. Though we live relatively close, we were not informed of this passing for several weeks after his father had been cremated (and we were still not informed by a family member). Mike's (Drew's father) family was very hush-hush about the ordeal, had him cremated, and no obituary. I found out as word got around town & contacted the coroner. Paternaty had been established and Mike was divorced for several years before his death. There was no will, and no other children.

My son is the sole heir of his father's estate. Mike's mother is the only person with keys to his house and has been removing items which should actually be my son's. With a lawyer, on December 20th the Cout ordered the Public Administrator as the Personal Representative of the Estate. However, I drove past the estate this evening & noticed lights on in the house. I called my attorney who informed me to contact the administrator, which I did. I explained to him that Mike's family should not have access to the house because they are removing items that do not belong to them. He was very disconcerned about this.

It would seem that my son should have possession of the house keys as sole heir, not his grandmother. By appointing the administrator we were trying to keep them out of the estate. My lawyer seems to have very little interest in this, stating that the administrator will handle all of this (which he is not doing). What rights do I have on behalf of my son to do anything about this? It is a fairly large estate considering the area we live; a house, 9 acres, 3 vehicles, a very well furnished home. And they seem to be able to still walk in & take everything they wish. This does not seem right. My son can not even enter his father's house!

Please inform me if this is actually the proper legal system and if not, what immediate steps I can take to get the house keys for my son & out of his grandmother's hands.
 


divgradcurl

Senior Member
Murfey71 said:
What is the name of your state?What is the name of your state? Missouri

Drew's (my 10 yr old son) father passed away on October 25, 2005. Though we live relatively close, we were not informed of this passing for several weeks after his father had been cremated (and we were still not informed by a family member). Mike's (Drew's father) family was very hush-hush about the ordeal, had him cremated, and no obituary. I found out as word got around town & contacted the coroner. Paternaty had been established and Mike was divorced for several years before his death. There was no will, and no other children.

My son is the sole heir of his father's estate. Mike's mother is the only person with keys to his house and has been removing items which should actually be my son's. With a lawyer, on December 20th the Cout ordered the Public Administrator as the Personal Representative of the Estate. However, I drove past the estate this evening & noticed lights on in the house. I called my attorney who informed me to contact the administrator, which I did. I explained to him that Mike's family should not have access to the house because they are removing items that do not belong to them. He was very disconcerned about this.

It would seem that my son should have possession of the house keys as sole heir, not his grandmother. By appointing the administrator we were trying to keep them out of the estate. My lawyer seems to have very little interest in this, stating that the administrator will handle all of this (which he is not doing). What rights do I have on behalf of my son to do anything about this? It is a fairly large estate considering the area we live; a house, 9 acres, 3 vehicles, a very well furnished home. And they seem to be able to still walk in & take everything they wish. This does not seem right. My son can not even enter his father's house!

Please inform me if this is actually the proper legal system and if not, what immediate steps I can take to get the house keys for my son & out of his grandmother's hands.

Hire a new lawyer who is actually willing to enforce his client's rights. What should be done is that the estate should be held in trust until the minor child reaches the age of majority -- get a lawyer to have a trustee put in place and get the estate put into the control of the trustee.
 

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