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    judlamb's Avatar
    judlamb Posts: 1, Reputation: 1
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    #1

    Sep 22, 2014, 01:14 PM
    Who has legal rights of 21 yr. old passed away, no spouse (children or parents)
    I have a 21 yr. old friend that passed away leaving a 2 yr. old daughter with no spouse who has legal rights to his belongings his child or his parents
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Sep 22, 2014, 01:30 PM
    Probably the child, but it will depend upon the probate laws for whichever state or country in which he resided when he died.
    More importantly, who is taking care of the child? That person may be the one to file an application with the probate court. The court, in turn, will determine ownership of the property. An adult will be appointed to take care of the property until the child is of age (assuming the child is the proper heir).
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #3

    Sep 22, 2014, 04:36 PM
    What happened to the biological mother? If she is alive, she has rights, whether she was married to him or not.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Sep 22, 2014, 05:09 PM
    Quote Originally Posted by joypulv
    What happened to the biological mother? If she is alive, she has rights, whether she was married to him or not.
    Custodial rights, that is. If she was not married to him when he died, she has no inheritance rights.

    And that is what the OP asked.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Sep 22, 2014, 06:22 PM
    Any question on law needs to include your general locale as laws vary by area. Without knowing that, we can't know what the governing laws of inheritance area.

    As a minor anything the daughter might inherit would probably be held in trust by her custodian.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
    		  
    #6

    Sep 22, 2014, 06:28 PM
    Scott and AK summed it nicely
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