ADDITIONAL INFORMATION:

My father recently passed away. He had a seizure, hit his head multiple times & was unconscious for 5 days before he passed away. My grandmother was notified when he was in the hospital the 1rst day. She didn’t call me or my brother’s until the 2nd day. By then the hospital gave her my father’s personal things ie keys, wallet etc. She went into his house & cleaned it out while he was dying. Now she’s saying he was her son so she could. She says she’s going to sell my dad’s things in a yard sale.

ANSWER BY MARGARET CROSS-BELIVEAU:

Who inherits you father’s assets depends on what his will says.  If he didn’t have a will, under the law of intestacy, (presuming he is single) his children inherit.  If your father owned substantial assets, a probate will have to be opened to transfer the ownership to his heirs.

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.

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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.