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RayAnswers
RayAnswers, Lawyer
Category: Family Law
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Experience:  29 years as a family law lawyer .
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If my sons father died in Virginia after no financial or emotional

Customer Question

If my sons father died in Virginia after no financial or emotional involvement with myself (we were not married ) or my son at his parents home , do his parents have a legal obligation to notify my son of inheritance/personal effects . He died by hanging himself and had no will in place. I was never notified of his final resting place . His parents have had me in family court for 2 years to get rights to my son , their grandchild , but new york states they can not bring up anything that happened in virginia .
Submitted: 5 years ago.
Category: Family Law
Expert:  RayAnswers replied 5 years ago.
Thansk for your question. Check in the county where he died to see if there was probate. If there was an estate her then you would be able to see if ther were any assets. And yes he would have a claim. The problem is if they didn't open an estate woudl be locating anything.

You would have to open the estate yourself here. That would require you obtain ing a lawyer and paying filing fees. So unless he had a lot of stuff here you may have to let it go. But I would check on the probate.

If he had insurance you can check with employer to see if he named the son as a beneficiary as this would not pass through probate. You have to file a claim form here if ther was such insurance.

They will assist you. Every employer has some hr staff you can talk to . These are the potential avenues to explore here. The county clerk of the county he reside in woudl have probate case and death certificate. I would order a copy of the death certificate in case you need it for life insurance or probate here. I wish you good luck here in all of this..

Laws of intestacy(no will)..

http://www.finance.cch.com/pops/c50s10d190_VA.asp

Customer: replied 5 years ago.

hi ray ,

thanks for the answer . unfortunately in the case of suicide , doesnt insurance denounce itself and no payout can happen ? i have an inventory list of all items we moved together to california itemized and valued , all these items were in his posession , there was a car , computer and @ 20 000 cash assets in the bank . he was self employed for his last few years alive so i think no claim to our son as an heir in writing anywhere . It seems unjust that his parents have won in family court forced visits 8 hrs every 7 weeks and a 5 minute phone call weekly (expected of a 4 yr old ) I feel like they have broken some laws here . also he was a world famous graphic designer and there were artwork archives . I an several of his work buddies want to publish a book of his artwork images , he was in the process of this when he died of suicide , not I hear from his brother they have given the cd art archives to a guy in california who is basically riding his career off my fiances artwork , this is what bothers me most , it is as if he died in vain , not even the art can be shared and appreciated nor his last wish of having a book published granted . Any additional thoughts ?

thanks in advance to your reply ...

Expert:  RayAnswers replied 5 years ago.
Spend some money here and let the lawyer do some sleuthing. There is real potential value for opening an estate here. The lawyer can see if anything filed and either join in and seek recovery or may well file to open an estate.

As the estate lawyer he can subpoena records and seek reimbursement here from the parents. Ther are definitely assets that would justify opening an estate in this matter. I wish you good luck here..

Lawyer referral here-you need a probate lawyer..
http://www.vsb.org/

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