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Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 16348
Experience:  15 years exp all aspects of general law
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My dad passed a couple of days ago. I'm next of kin but I'm

Customer Question

My dad passed a couple of days ago. I'm next of kin but I'm not 18 yet, I will be soon. I have a daughter, I live on my own, I'm practically an adult. My grandparents said they would take care of everything in my best interest since he is my father and I'm not able to get his things not being 18. Well we just had a falling out & now I'm not even allowed to go to his funeral, not allowed to say goodbye to my own father.. what can I do? I don't think it's right that I don't get his ashes or his things just cause I'm not of age. They live in Florida, I live in California, his body and belongings are in Minnesota. Im thinkING of calling the coroner anyways and telling them I'm next of kin and I want his things and explain the situation. If anything should I sue my grandparents? Or just show up to Florida and demand my rights as next of kin. Please give me helpful advice so I can get my fathers ashes.
Submitted: 8 months ago.
Category: Legal
Expert:  FamilyAttorney replied 8 months ago.

Hello. I’m a family lawyer and appellate attorney with 36 years’ experience and also have extensive experience with landlord-tenant issues. I look forward to helping you today.

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If I’m back not here right away, I’m typing my answer. Thanks!

I'm so sorry! This is terrible about your father, and your grandparents are making it worse. I am really sorry.

He is to be cremated in Fla? Do you know if he had a will? This is really important. It may state in the will what he wanted done with his ashes.

Expert:  FamilyAttorney replied 8 months ago.

You are the next of kin and his child so you have the right to show up at the funeral but just because you show up doesn't mean you're going to get anything. It depends what the will says, what state the will is in (is it in MN?) and you may be litigating this with the grandparents in court.

Expert:  Legalease replied 7 months ago.

Hello there --

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I see that another attorney here reviewed this question and then opted out of answering it and working with youu on these matters.

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You did not say how close you are to the age of 18, but generally speaking so long as you are 17 years of age or older you are legally permitted to attend his funeral and you are his legal heir -- meaning that if there is any money or other assets in the estate you are legally entitled to inherit your father's ashes and anything else that may be yours by operation of LAW or by any type of written last will and testament that may have been completed by your father before his death. In order to exercise these rights that you are legally entitled to, you may have to hire a local attorney in the area (county) in the area of MN where your Dad lived and died. You can find an estate law attorney by contacting the civil courthouse in MN who would then put you in touch with several area lawyers who take refferals from out of state plaintiffs like yourself. The first thing that must be done is a letter must be written to your grandparents from an attorney in MN requesting a copy of your father's last will and testament (if there is one). If there is no written will, then you can proceed to the local court and the attorney will generally ask the court to appoint you as executor of the will or the estate (if there is no will in writing, there still may be an estate and if so, then someone must be appointed by the court to oversee the estate and distribute it until it is wound down in the court and closed).

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Expert:  Legalease replied 7 months ago.

Hello again --

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Do you have any additional questions for me on these matters? If not, can you please press a positive rating above in the star rating section -- pressing the middle star or the fourth or fifth star to the right of the middle star are all positive ratings. I am paid nothing by Just Answer for my time assisting you unless you press a positive rating above. THANK YOU VERY MUCH !!

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