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4ren6
4ren6, Expert Criminal Witness
Category: Family Law
Satisfied Customers: 4794
Experience:  Retired Law Enforcement.
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My brother has passed away very unexpectedly in ...

Customer Question

My brother has passed away very unexpectedly in Arizona. He is a single Dad, with a 23 year old son, not living with him, and a 6 yr old son that does live with him. My parents are there trying to take care of matters but are coming up against some "walls". What are some things they need to know to be able to get into his apartment, saftey deposit box, etc. My brother''s wishes were to be cremated, but we don''t know if it was ever put into writing. Are there any laws preventing this from being done?
Submitted: 6 years ago.
Category: Family Law
Expert:  4ren6 replied 6 years ago.
Where is the wife.............where is the 23 year old son.
Customer: replied 6 years ago.
Reply to 4ren6's Post: He is divorced. The 23 yr old son is in Phoenix. He will be going to Kingman on Monday.
Expert:  4ren6 replied 6 years ago.
Is there a home..........cash assets..........who has custody of the young chld now........
Customer: replied 6 years ago.
Reply to 4ren6's Post: he lived in an apartment. as far as cash assets, we don't know because his parents can't get into his apartment. the 6 yr old is with his mother now. His dad had gone to court and got custody of him
Expert:  4ren6 replied 6 years ago.
And you know of no will at this time correct...........? Is the funeral home working with the family...........what about the Death Certificate............who if anyone has obtained these.
And I am correct to assume he was legally divorced from his wife..........?
Expert:  4ren6 replied 6 years ago.
My questions for info are valid............I am asking these for a reason.............if you can reply back I can further assist...........just trying to find out where your at right now..............I really need to know if he was legally divorced from the wife............
Expert:  4ren6 replied 6 years ago.
Ma'am/Sir I am going to go ahead and answer this. If your brother died without a will he died intestate (without will). And unless he has a will with a personal representative named (the only person to handle the estate) then the legal duties would fall to first his wife with they are still legally married..............you mentioned custody.......you can have custody and not be legally divorced. So if he is not divorced then the wife will assume these responsibilities. If he is divorced then the oldest child will most often take the personal representative duties.

With no will and no personal representative the duties must be appointed by the courts. This is called probate.

http://www.finance.cch.com/pops/c50s10d190_AR.asp

http://www.arkbar.com/publications/pdf/2005_probate_toc.pdf

Go to this link.........scroll down to Handbook for personal representatives.

http://www.arkbar.com/publications/publication_public.html




If the brother was legally divorced and no will then the assets and belongings all go to the children.

I suggest that you retain legal council as it takes a personal representative with Power of Duty to sign and authorize certain documents. Also, go to www.ssa.gov and file for the death benefit. The minor child may also be eligible for benefits from your brothers death.

If you have any further questions please reply and I will be glad to further assist you. Sorry for your loss.
Expert:  4ren6 replied 6 years ago.
Did you need further assistance on this..........

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