Legal Question in Wills and Trusts in Trinidad and Tobago
My mother died 17 years ago. My father died four years ago. My last brother,his wife and 3 children lived with my father. However, my father never made a will. My parents had a total of 8 children,one of whom passed away. One of my brothers, not the one who lived with my father is applying for a grant of a letter of administration. This brother of mine lived in the USA and also a US citizen as well as a Trinidad and Tobago citizen and he is the one who is applying for the grant of a letter of administration of my father's estate. He said that if he applies for the grant of a letter of administration the property that my father left without a will, will come to him alone. Is this true. Could you tell me whether the other siblings and myself will be included in my father's estate. I understand that he is due to see an attorney soon about this matter.
2 Answers from Attorneys
ADMINISTRATION OF ESTATES ACT
CHAPTER 9:01
24.
(2) Where an intestate dies leaving issue, but no spouse,
his estate shall be distributed per stirpes among the issue.
Contact Anand Seepersad 786-3240
A grant of letters of administration, is just that, a grant that is given by the courts so that the estate of the deceased can be divided or shared according to the law. Upon the death of your father, his estate would be divided according to law, that is, equal shares amongst the surviving children. Your brother cannot claim the entire estate for himself simply because he obtains the grant of letters of administration in his name.
Related Questions & Answers
-
When is the deadline to probate a will Asked 2/11/15, 9:52 am in Trinidad and Tobago Probate, Trusts, Wills & Estates
-
How to get a copy of my parents will in trinidad and tobago Asked 2/07/15, 6:26 am in Trinidad and Tobago Probate, Trusts, Wills & Estates
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
