General AdviceLegal

Rights of Inheritance for Minor Children

My daughter's mom passed away. Is my child entitled to all of her mother's belongings? She is her only heir; she is a minor child.

By nicolelewe


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August 1, 20110 found this helpful

jeannette1940, when I first read nicolelewe's post, I assumed that it was written by the father. Now, reading the username, it seems feminine to me. But it is possible that nicolelewe is female, and she and the girl's mom were partners. When my daughter was in kindergarten, two of her classmates had two moms at home. I don't really know one set of parents, but the other set is very nice.

nicolelewe, I think you're best off consulting with an attorney in your area. Are you now the legal guardian? These things can get complicated, so get advice from someone who really knows.

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August 2, 20110 found this helpful

You need advice soon before someone else claims the estate. You might be able to find the answer free at your local probate court.


If her mom had a will that is even better. If not her estate will go to probate court and heirs will be searched for. If you do not place a claim someone else may get it. Good luck to you both.

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August 2, 20110 found this helpful

I am so sorry for both your daughter and your loss. I would definitely speak to someone in probabte court and/or a lawyer. If you were partners living together and with your shared daughter at the time of her mothers death it should simplify things except for items (like car or house) that might have been exclusively in her name. Does your daughter live with you now? I so hope legal guardianship issues were in place before she passed away.

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August 2, 20110 found this helpful

....and maybe the feminine user name is the daughter's name? Partner, daughter, whatever. I think that 'jeannette1940' could have found a nicer way to question it under the circumstances.


Anyway, I agree that you need to speak to someone like a lawyer or Legal Aid about inheritance rights in your state. You could also begin by Googling the subject, using your state such as:
(your state)__ inheritance laws
inheritance laws in __(put your state in)
inheritance without a will __ (your state)

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