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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 114099
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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My children's father dIed September 02 of this year without

Customer Question

My children's father dIed September 02 of this year without a will. they are next of kin.
He owned and operated a small newspaper from his home on tribal land. Can my daughters legally require of his employee, assistant and tenant/roommate to hand out to them his personal property such as his pick up, his computer, business account data etc?
He was the sole proprietor of the newspaper. He died before completing a book he had received 2 advances on. She is withholding the name of the publisher from my daughter's and they were not even given access to the computer file of his almost completed book.
Through email exchange said ex-employee around 77 years old requested to remain on the premises through the winter. One of my daughters answered yes. Can my daughters require she pays rent?
Should she not also hand over to our daughters, his next of kin all information and business data pertaining to said newspaper?
Submitted: 5 months ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Your daughter as heir has to file to open probate and get named by the court as administrix of the estate and then she would be able to collect all of the father's assets and even charge rent to the employee for use of the premises. She would have to hand over all of the business documentation and failure to do so can make her in contempt of court and liable for any money damages for the loss she caused by failure to do so.
Until she is named as Administrix through probate she does not have legal authority to support her forcing them to turn over everything or to charge rent for the property.
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