In the settling of the estate, the court appointed Administrator has all the power, by law. She has the authority and responsibility to settle the estate according to state law under the supervision of the court. The heir-at-law has no power. If the Administrator is not performing her duties the heirs can request she be replaced. However, one of the reasons the law provides for the appointment of an estate representative is to avoid disagreements among heirs and have one person in charge.
Generally, under the laws of intestacy, a daughter-in-law is not an heir-at-law. You can check the laws in your state at the related question link provided below.
Yes. In fact, a person must qualify to be appointed an administrator. One of the qualifications is being an heir-at-law.
Anyone can be listed in as an heir. And depending on how the will was written she may be inheriting on behalf of her children.
You can read the Michigan law regarding intestate distribution at the link below.
kin, next of kin, heir at law, related by sanguinity
Generally, an administrator must be an heir at law or a creditor. Laws vary in different jurisdictions. You need to check the laws in your particular jurisdiction.Generally, an administrator must be an heir at law or a creditor. Laws vary in different jurisdictions. You need to check the laws in your particular jurisdiction.Generally, an administrator must be an heir at law or a creditor. Laws vary in different jurisdictions. You need to check the laws in your particular jurisdiction.Generally, an administrator must be an heir at law or a creditor. Laws vary in different jurisdictions. You need to check the laws in your particular jurisdiction.
If the father is a legal heir at law he should file a motion with the court immediately and explain the executor's failure to act within the law.If the father is a legal heir at law he should file a motion with the court immediately and explain the executor's failure to act within the law.If the father is a legal heir at law he should file a motion with the court immediately and explain the executor's failure to act within the law.If the father is a legal heir at law he should file a motion with the court immediately and explain the executor's failure to act within the law.
A decedent's heirs are those persons who would inherit his or her property if the decedent died without a will. A living person has no heirs, although a living person may have heirs presumptive, or a person could be an heir apparent to a living person. A person who dies without a will is intestate. All of the states and the District of Columbia have statutes describing who is entitled to received the decedent's estate. There is a wide variation in these state laws. Usually the surviving sposue, if any, is eneitled to a share, then children or more remote issue, or if none, then parenst, followed by brothers and sisters, cousins, and so forth.
United StatesNo. An in-law is not considered an heir-at-law. You can check the laws of your state at the related question link provided below.
You can inherit property from your mother-in-law if she mentions you in her will by leaving a gift. If she dies intestate, or without a will, you are not her legal heir.
Heir is male. Heiress is female.However, those gender-based terms are obsolete. Modern statutory law treats all those who would inherit from an estate as heirs.