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My Aunt died she lived alone, had no life insurance and no will–she has an x husband and step children who acts as executor?

ADDITIONAL INFORMATION:

I am the nephew, and live closest to where my aunt lived, but was told that the step children will have to decide her estate–The hospital and her landlord call my house what should I do if her step children and ex husband do not respond?

ANSWER BY MARGARET CROSS-BELIVEAU:

If your aunt had no children, no living parent, and no living siblings, then the nieces and nephews are next in line to inherit.  The step-children have no claim to any probate property.  If you aunt had no assets of value, it may not be worth it to probate the estate because the costs will exceed what you would inherit.  A creditor may petition to open an estate if the heirs have not done so.  You should consult with an estate administration attorney to determine if you should file for probate.

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Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.

Beliveau Law Group: Massachusetts | Florida | New Hampshire

The estate administration attorneys at the Beliveau Law Group provide legal services for probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.

 

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