Although concerns were raised by TMZ when it reported singer Aaron Carter had died without a will following his death on November 5, there may not be as much of an issue with his son's inheriting his late father's estate. Carter was the father of one child, son Prince Carter, whom he shared with Melanie Martin, to whom he was engaged to be married.
In September, The U.S. Sun reported that Carter lost custody of Prince and checked into a rehabilitation facility in an effort to regain his custody of him. Sadly, he died before he was able to do so. Prince was born on November 22, 2021 (via People), making him under a year old at the time of his father's death. This has raised concerns as to whether Prince would inherit his late father's estate.
Now, two lawyers have provided exclusive insights to Nicki Swift that clarify the laws regarding those who die intestate (that is, without a will) in the state of California and how these and other factors might affect Prince's inheritance.
As pointed out by estate attorney Ryan Sellers, founding partner at Dallas-based Hales & Sellers, PLLC, any custody agreements related to Prince Carter won't affect his ability to inherit father Aaron Carter's estate. Sellers explained, "Under California law, intestacy laws aren't affected by a custody agreement. A will is the only way to disinherit a child. Otherwise, the child is considered an heir." Since Prince is a minor, Sellers noted that Melanie Martin's mother would "get possession of Aaron's estate" — as she is the child's custodial parent as of this writing. "If Aaron has any outstanding creditors," Sellers added, "they may also have a say on who is handling his assets, at least until they get paid off."
Comments made by estate attorney Scott E. Rahn, founding partner at the Los Angeles-based RMO, LLP, supported those made by Sellers. Rahn noted that the custody agreements prior to Aaron's death would not affect Prince's inheritance — stating, "Mr. Carter's only child he is the estate's sole heir and will inherit the entire estate under California intestacy laws." Furthermore, Rahn shared that the typical legal process related to Prince's gaining his inheritance "usually takes a year, but may be longer or shorter depending on any complexities."