Fans of pop music star Aaron Carter recently joined his family and friends in mourning the sudden, tragic death of the 34-year-old, who was discovered dead in his bathtub in early November. Carter was father to an 11-month-old son, whom he shared in an on-again-off-again relationship with the child’s mother. The mother is now involved in probate litigation with Carter’s family as she fights for the inheritance of Carter’s estate in California. Meanwhile, Carter’s family members are reportedly trying to make sure that does not happen.
In California, children are the typical beneficiaries of a deceased parent’s estate when he or she dies without having executed a last will and testament. Such was the case for Aaron Carter. He left no will, but his child’s mother believes that her son should be the rightful heir of any assets the music star may have owned.
Additional issues intensify the complexity of this case
Music fans who regularly follow news about Aaron Carter may be aware that he and his son’s mother lost custody of the child in September of this year. A child protection agency removed the child from his home and placed him in the custody of his grandmother. However, at least one attorney weighed in on the topic, stating that intestacy laws are not affected by child custody agreements. The law basically states that if a parent has not disinherited a child in a will, then a child is considered an heir, whether or not a will exists.
When an heir to an estate is a minor
Another issue that might be relevant to the Carter case is who would control the assets inherited by his son, who is a minor. In many cases, such assets would be overseen by the child’s other parent. However, if that parent has lost custody of the child, the court might make appoint a third party to control assets. Those facing probate problems in California may wish to seek legal support, rather than trying to resolve such issues on their own.