My kids father passed and his mom is trying to get his estate: What should I do?

See if there is legal aide in your state to help them get a lawyer. Or maybe you know a lawyer who might help you?

Also they should be able to get Socail Security $$ thru 18 or college whichever comes 1st. And some states even give the medicade.

1 Like

Sounds like a realy nice grandmother, Tell her that everything her son owns ,including the money he has in his bank, belongs to his children, not her ,you need to fight her on this on ,don’t let her rob your children of what is rightfully is their

4 Likes

Contest it because it’ll go to the kids

2 Likes

I just lost my dad in March I’m going through the same thing with his family they want everything I got a lawyer and yes everything goes to the kids that’s how it is with me and my sister

3 Likes

Get a lawyer, absolutely your kids deserve at least part of it for their future- but be prepared, even estates that are not contested end up in probate court for years and years a lot of the time. Good luck mama

4 Likes

Estate laws trickle down, not sideways or up. Example: kids are heirs/legatees in an estate more then any sister, brother or mother of the decedent by virtue of law (even if the decedent doesn’thave a will). The Orphan’s Court may get a trustee to handle the kids’ inheritance until they’re adults, but legally it all passes down to them. At least according to the estate laws in my state and the ones around me. I woukd get an attorney to represent the estate. They would be able to tell you about the laws in your state specifically.

2 Likes

You’re divorced!! You’re not entitled to anything. Sorry.

1 Like

Your kids are entitled to his estate.

3 Likes

Does he have a will?

Fight for your kids! Money belongs to them!

4 Likes

That is why when we invest we must put our kids as the once who inherit our investments.

1 Like

Contest it. Kids are priority

1 Like

In thr state of Florida it goes to the biological children if there is no legal marriage.

2 Likes

Fight for your children

1 Like

Hey what is due your children she did lose her child so make sure he has as well

1 Like

I’d contest it for the children, they deserve their share, regardless if you were divorced, those are still his children.

2 Likes

I’ve been thru this exact situation. Your kids are entitled to the whole estate.
Don’t sign anything. You should be the conservator of the account until the kids are of age.

8 Likes

Contest it! Your kids deserve it

Contest it…those babies deserve their fathers estate…its all they have left from him and they are his next of kin…before his parents…

6 Likes

L A W Y E R IMMEDIATELY. Your kids deserve the estate.

9 Likes

I would fight to have it put into a trust with someone not related in control.

2 Likes

Contest or they won’t get it

1 Like

Contest it! You need to be the voice for your children.

4 Likes

Find a probate lawyer for a consult

1 Like

Contest it it’s not hers

Absolutely contest. Get yourself a lawyer!

1 Like

I dnt even know why she would do that knowing he has children, sounds selfish and greedy to me… Contest that bull, your kids deserve to inherent. Good luck

3 Likes

In our state it goes to the next of kin that would be his kids . One 18 is an adult .His mom have no rights his kids are next to kin. State NC

2 Likes

Contest it for the kids

Contest it. You kids have more rights to the estate than she does. It sounds like she is trying to look out for herself.

2 Likes

Cotest it ! It belongs to the kids!

2 Likes

Contest it. It should be for the kids not the mother

1 Like

Contest it. Next of kin is his children

2 Likes

Get an attorney. The children (yours & any other that he had) deserve his estate.

5 Likes

Yes, fuck anyone’s else’s feeling you go and protect your kids interest period. It’s your kids not the mom’s, dad’s, grandma, brother,sister,cousins, yours. It’s your kids end of story FUCK THE REST. Sorry but this is to close to home and I was the freaking doormat. So you be the mama bear those kids need and do what you have to. Don’t give in not one cent.

Contest, you already see she isn’t thinking about her grandchildren at all, as far as causing family conflict, she isn’t your family, I wouldn’t care what she thinks

5 Likes

They can’t do that, get a lawer

1 Like

if there is no will it will go to probate. After probate it will go to the children but speak with a lawyer and find out what your necessary next steps should be

3 Likes

Contest it. The kids deserve it.

1 Like

contest and fight for it for your kids

3 Likes

Get an attorney to represent his children’s interests.

3 Likes

Get a lawyer and contest. I believe most states next of kin would get everything, which is his children.

Also side note, use this as motivation to set up your will if you haven’t to avoid this situation later on down the road.

4 Likes

Contest. Fight and don’t back down. They already lost their dad. They don’t need to lose the opportunities his estate could afford them as well.

(Also, don’t worry about them losing granny too. Sounds like it wouldn’t be much of a loss.)

13 Likes

It means he didn’t have paperwork in order on who his estate should go to. Contest it!

Everyone who reads . Make a will and do not leave a mess like this. Young and old.

4 Likes

Contest ! That money goes to those kids !

3 Likes

The children.are his next of kin. Absolutely contest it x

4 Likes

I wouldn’t worry about losing Grandma in the process, but you fight that for your children. Hire a lawyer and help them get what they deserve. That is no grandma if she is willing to take everything from her grandchildren. Regardless how y’all ended it.

15 Likes

I would contest it. It should 100% go to any children he has living unless he was married at the time of death. Then it would go to his spouse.

5 Likes

By rites it’ goes to his children . Maybe set up a trust fund so they can receive it when they turn 25 would really make a difference later on .

1 Like

I would get a lawyer and contest it. Ive neen through this. His children are the next of kin first she cant touch anything.

1 Like

Pretty sure the kids get whatever is left of his stuff, unless otherwise written to go elsewhere.

Contest it and say you want the kids to have it.

2 Likes

Absolutely get a lawyer.

1 Like

community property state? you indeed need a lawyer

Definitely contest that! His children are more important than his mom!

1 Like

The children are his next of kin and the estate should go to them. If his mom is the executor of the estate then yes I would fight to have her removed as she will not do what is best for the children. Get an attorney and fight for what is rightfully your children’s.

2 Likes

Contest. His children would be the next of kin & have all rights to that!

1 Like

Definitely should go to your children!

3 Likes

Contest that. Your kids have lost enough. This will help their futures.

2 Likes

Contest it. At this point, what do you have to lose?

1 Like

The kids have the first rights to it. Time for probate court if there is no Will

2 Likes

Kids come first when there is no will.

1 Like

Kids will be next of kin… Get a lawyer… Get copy of death certificate, your children will get social security death benefits until 18

2 Likes

Get a lawyer & contest! His mother should want that to go to his children & if she doesn’t then that’s a sign she doesn’t have your Children’s best at heart. Lawyer up & prepare. Also, people get super nasty when that much money is involved so once you get that lawyer I’d be checking the grandparents rights in your state as well. I see grandparents use the grandchildren as pawns in their petty game all the time.

When the court finds out there are children involved it won’t go the grandmothers way anyway. She just doesn’t go to court and claim everything there is a long process.

Be sure to go to social security so the kids get a monthly payment until 18.

1 Like

Were you married more than 10 years? If so and if your not remarried you also can get benefits… Just went through this in 2018

3 Likes

It should go to the children not her!

Sucks that his own mom can’t get anything either

The children should be next of kin especially since he didn’t have a will. So why your even having to contest that is weird. Get a lawyer for sure. Also go get them ssi, my mom passed when I was 14 and me and my brothers got death benefits until we were 18, really helped my dad alot.

5 Likes

Don’t let her cheat them out of it get a lawyer

2 Likes

Atleast contest it for your children to have something. They are hos offspring and deserve a little something

1 Like

Children should be next of kin when there is no Will.

3 Likes

Get a lawyer and contest it, it should automatically go to the kids. My parents estate is in limbo. My mother died and everything went to my dad, after he died it goes to the kids.

1 Like

Uh-uh get a lawyer. You’ll regret it if you don’t.

7 Likes

It should definitely go to his children not her. I would contest it for your children to have something .

5 Likes

Get a lawyer. It belongs to his kids.

2 Likes

Get a lawyer and contest it.

Probate court , get the paperwork done and filed .Usually its a death certificate , a small fee $30 or so and a heirship paper filed in the county where he was deceased .All children of us regardless who the mother is must be on the paperwork. Also an executor will need appointed to make sure all of his money , belongings etc go where they are suppose to .If he remarried thats gonna make things alot stickier , she would then be entitled .

Ask your children their opinions as well. They are old enough to form an opinion. This type of thing will likely ruin the relationship with their grandma/dads side of the family. (May be toxic but it would still hurt after their dads passing.) or if they want you to proceed with a lawyer.
I personally think the babies deserve whatever their dad could give them, not his mother.
Contest it if your babies agree that’s what they want.

Contest it, it should 100% go to his children, not his mother.

3 Likes

The laws of succession would still have your children as his next of kin. BUT if she doesn’t list them and you don’t contest that, the judge may never know they exist. Find the case on his local probate docket and you can follow along on the paperwork. The initial petition to open his estate should have a section for his heirs to be listed and any interested parties.

Have you tryed talking w/ Her?? Talk it out first & see what direction it’s going… His Children are definitely (come first) She May think your just sitting … & does not want the state to come in & take it all (( just my opinion ))!

In the court of the law, children are 1st in line to the estate unless a will is done

2 Likes

It should go to the kids. Contest it

1 Like

Hire a lawyer fast to protect your children’s rights.

Contest it. This money will help them start their lives.

1 Like

Contest it . Your children deserve to see that money

You need council, the children need a voice! I’m sure he would want what he had to go to them! The state will end up with a lot, too bad he didn’t have a will.

What are the Grandmother’s intentions? Do you two get along? Is she doing this to set her grandkids up bc she doesn’t trust you? Too many questions without answers to advise correctly

If he has no spouse. It goes to his kids. Get a lawyer and contest.

3 Likes

Contest it . the grandmother should be stepping up and putting that in trust for HIS kids. You don’t need access to it but it should go to your kids. Period. If the grandmother fights this …shame on her.

Fight for it. His kids are his next of kin period. Talk to her and tell her the kids deserve everything because they are his next of kin not her. Talk to a lawyer and see what you have to do and don’t waste time. Get it don’t before she can do anything else.

Does he have other kids or remarried? You will absolutely need to hire a lawyer pronto and and contest it especially if he had another family and children.

Lawyer and fast and check his will if he has one

If you don’t contest it, she’ll get all of it and unless she’s nice, they won’t get any. Absolutely contest it.

Shouldn’t have left him. Lol

Most definitely contest it his kids deserve it more then his mom! It’s rightfully his childrens !

1 Like

Considering I am going through the same thing, because my daughter isn’t 18, her father’s dad is to get his estate.
Next of kin is actually next of kin of legal age.

It should go to the kids. Contest it. Sounds like momma does not want the grandkids taken care of.

2 Likes