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In Alabama a woman dies without leaving a will and is survived by two adult autistic children does the person receiving Letters of Administration have the right to determine the fate of the children?
Wiki User
∙ 11y ago
No. The person who receives Letters of Administration has the right to settle the estate only. The court should appoint guardians ad litem (for the two adult children) whose job is solely to protect and advocate for the best interests of those children in the settling of their mother's estate. The children should also have a permanent legal guardian appointed who can manage their affairs and sign legal documents on their behalf.
You need advice on how to handle any inheritance due to the children. Any assets they inherit should be placed directly into a special needs trust and should not come directly into their possession as individuals. The autistic siblings must receive some sort of government entitlement such as social security disability. When an individual who receives a government entitlement receives any assets it may affect their entitlement. In fact, it may disqualify them until the assets are spent. Someone should contact an attorney who specializes in special needs law or a local agency that provides legal assistance to people with special needs ASAP.
Wiki User
∙ 11y ago
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