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

Get a family law attorney. Depending on the state, his known heirs (children) are entitled to his estate if he has no spouse. As a general rule, parents do not “inherit” from children unless the child left a specific bequest in a Will.

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His children should have the right to anything. Also look into death benefits. Get a lawyer. The kids should be able to get death benefits until they’re 18. My dad died when I was 11. Since he was married everything went to my mom but she got social security death benefits for all of us children.

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Get a lawyer and fast

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Contest it on there behalf and ask to liquidate all assets to be put into an estate account with a third party holder like a lawyer to be split three ways when the youngest is 18 so it can accumulate more interest

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Your children should receive everything not The grandmother. The children are the heirs ,I don’t get why other people think they should receive anything if nothing has been made legal.

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Get an attorney for your children, don’t let her take what should be theirs

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Unless he made a will leaving it to her, I believe the law would say the children got the estate because they are his heirs. Consult an attorney.

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Contest it the estate should go to his kids!

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Family lawyer and fight for your children’s inheritance

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Contest it for sure. Get a lawyer asap! His kids deserve that, not his mother.

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Contest it. For sure. That amount of money could put all his kids in college and I’m sure he’d rather have seen that done with the place and money

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I would think he’d of wanted the children to have it and not go without

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You need to go speak with a probate attorney in your area because state laws vary.

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Is there not a will?

I think she has already caused trouble within the family. Talk to an attorney & get the money for fyour children

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Get a lawyer His children are his next of kin and there for should inherit the estate .Gramma could put in a claim but the kids have 1st.choice,

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I think your kids should have it

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Contest it! And if it cause drama, remind everyone you are doing it for HIS kids and not yourself.

I could definitely see where this could be spun to make you look selfish by the family. Remember YOU ARE NOT being selfish. You are doing what is right for the kids.

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Depends on what the laws are where you live but here, unless he is married or has a will the estate automatically gets divided to the deceased children.

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Get you a lawyer, they are free for consultation and can advise you and stand with you. Keep the estate and everything you can get. The kids and you will need it. God Bless.

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Get that for his kids!

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Your children are eligible for benefits of a deceased parent NO question. It’s the law in most states. They will absolutely be able to get some of his estate, rightfully so. Get a lawyer FAST. What a greedy grandma :face_with_symbols_over_mouth:

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Contest it for the children. This is not about you or his mother. This is for his children. The deserve it.

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Get a estate lawyer. His children should inherit that before Mother’s or grandmother.

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These are HIS children. Contest it.

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Definitely contest. A lady trying to take away from her grandkids is no grandmother and should be cut from their life :woman_shrugging: I’m sorry, but I don’t put up with crappy grandparents, that want the title, but don’t want to be there or take away from the kids.

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It should go to the kids not his mother

His estate goes to his kids. If his mom gets it your kids won’t see it.

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Contest n get it put away for the kids and no1 can touch it until they are 18. Speak to the attorney that is handling it. There wouldnt be much conflict espesially if its going towards the kids.

If you guys weren’t married anything of his would go to the children. At least that is how it was for me.

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Go to probate contest. Happened to my sister

Kids get estate and its split evenly also go to social security. You and the k8ds can collect off him even though your divorced

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Yes so sad the lawyers end up with the money

Contest it! The children deserve it!

Contest it. She isn’t an heir they are and she knows it. She’s hoping you won’t contest and the courts won’t check and she gets it all Scott free. That’s one sorry a$$ old bag. You get them youngins what they’re owed. And if he didn’t remarry you’re entitled to spousal benefits as much as the kids
Go for everything.

Get you the best lawyer he will work for those kids they are entitled to their share

Get you a lawyer fast.

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Seek advice of an attorney! What state are you in? Some states it automatically goes to the children. Fact!!! Georgia is one.

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Contest it your children are automatically his heirs and are entitled to the money.

If he didn’t have a will it should go to the kids.

Contest it. Your kids deserve it. What’s to guarantee their grandmother will leave them anything?

Get a good lawyer! The estate should go to the kids. Give her 1 special thing to cherish but the bulk of the estate is not hers.

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So tell her you think it needs to go to the kids.
You are still raising the kids so you definitely deserve something monthly and the rest of it needs to go into an account so when they turn 21 they can have it.

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Fight for your children. Contest !!! Tell the court that this estate is for the children !!! College is expensive. Maybe a lawyer could talk to her…

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Do it for the kids they deserve

Everything he owned should go to his kids.

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Nope I’d contest it sooo fast and have it all put away for his babies!!!

It definitely should go to his kids, fight for it.

the children are entitled to their fathers estate

Get you an attorney ASAP! Or ask the court for a guardian ad Lidim to represent the kids! Fuck conflict with the family… HIS children are his heirs!!! My husbands mother passed away, his mother didn’t have a will, his sister passed 8 yrs ago, but had 2 kids that will receive his sisters 1/2 of the estate. Even though nobody is trying to contest anything, the court assigned a guardian ad lidim to represent my niece & nephew!

Stop being scared, it is rightfully theirs……go get it!!! Fight for your kids inheritance NOW

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But, as the rights to an estate as such, would or his children. His mother or siblings are further down the list. Don’t let her take anything and get an attorney, She has no right to that estate. By all means, contact Social Security, for the children would get SS payments to help with their expenses, until they are 18.

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Find a good lawyer and contest it. Even if your kids only get part of it, that would be helpful for their future.

Get a GOOD lawyer and do it FAST your kids are heirs to his fortune his mum probablty knows this and will do what she has to eg stopping bank accounts.PUT YOUR KIDS FIRST ,THEIR YOUR FAMILY AND PRIORITY ,NOT HIS FAMILY AND HOW THEY FEEL,THEY ARENT THINKING OF YOU AND YOUR KIDS

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The children should get it id show up and the bank accounts are Def the kids unless he has another wife or girlfriend for I think more than 3 years? It could be more years though…

I would totally get a good lawyer and fight for your children’s rights. That estate is theirs not the grandmothers

Family is family, until it comes to money & estates. That’s why attorneys make a lot of money.

I don’t see how you could consider NOT contesting. Your kids are his kids. His kids are his heirs. As a parent, it was his job to provide for his kids, regardless of you being divorced. Your kids deserve to have the benefit of their father’s support. I’m not saying they should get every penny … I’m sure he has financial obligations that need to be resolved, etc. But his children deserve to receive some, if not most, of his estate.

See an attorney, and put your emotions in a basket for another day. This is something you need to do to provide for your children’s future … the way their dad would have done if he were alive.

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Lawyer. Contest it. Your children should have the inheritance maybe if she needs it some for het

Contest it your the only one who can ! Kids need help

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I would contest it for your kids!

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Get on it fast. It belongs to your children.

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Fight for the kids
That is there’s

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Um no babe. That should be for his children. You fight for it for them. It’s so HARD these days to live so anything they can get to help them live as responsible adults is NEEDED.

It may depend on what state you live in.

Definitely FIGHT for your & his Children No Doubt… I’m sure the Father would certainly Want his children to have what he no longer can provide for them. They are absolutely entitled to his Estate. He will no longer be here to provide his attention, love , advice or financial help in their raising or needs, birthdays, Christmas, graduation, marriage etc… The Children should 100% absolutely be entitled to what their Father had not his mom. He was a Grown Man with Children of his own. FIGHT no matter who’s feelings it hurts… it will definitely HURT THE CHILDREN if you don’t and it HURTS that she is the Cause of you having to Fight it to Begin with so if Anyone should be hurt over this is should be you and your Children because she has put a unnecessary burden on yall. It should NOT have never been a question to whom his Estate went to ALL OF IT, Money, house, vehicle, belongings that ALL ABSOLUTELY BELONGS TO HIS CHILDREN. SO LAWYER UP NOW BEFORE IT’S TOO LATE AND FIGHT because your Children are the ONLY one’s that matters in this… period!

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:100: contest. He would want this to go to his kids. It’s what he worked for.

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I would fight it all anything of his should go to the children in a trust for college and such

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Absolutely contest it, get an attorney if needed.

This is why it’s so important to have a will if you have a significant estate. Some family members change and get greedy, and will even do awful things in a fight to get that money. :confused:

Good luck.

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Contest and get an attorney

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That money goes to the kids, not his mother. Why is she even trying to do that!!! The issue isn’t yours to have, it’s on her and she knows that money is supposed to go to his children.

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Absolutely contest it. That money belongs to your children and your mother in law absolutely doesn’t deserve it. First of all if your children are that age already, I’m sure your mother in law is up there in years and that money will either get blown on her retirement or taken by a nursing home if she ends up in one. For an 18 year old kid starting out in life it could make all of the difference for their future, especially in today’s age where everything is so expensive and newly graduated kids don’t have a fair chance at owning a home, paying for college, etc etc. Your children are by right the next of kin, and your MIL is trying to pull a fast one on you.

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In my state… unless otherwise stated in a will. Bio Children are the beneficiary if he was not remarried. Period

Your children should be eligible for benefits and you should contest his estate for the children that belongs to you both. He wouldn’t want his mother doing this so fight for those babies. Find you a lawyer and head to the social security office Monday.

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Absolutely you should contest for your children.

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By law the children are entitled to the money

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That money goes to his children!!! Definitely contest that bull!!!

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Id contest. You have his children. He’d want the best for them

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To be blunt: screw them & making waves! Girl, send a tsunami! The children are his rightful heirs. Get an attorney and fight like hell. Channel your inner, pissed-off Mama Bear if you have to.

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Contest it immediately !!

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Contest it 100% what other people have said the children are direct heirs of anything he had. Get a lawyer

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Fight it your children deserve something from there father !

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Contest it. You have to raise his children. They are entitled to his estate.

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Contest it for sure.And dont feel guilty for doing it.If anything his mother should feel guilty for being selfish and not putting her sons children 1st.The money should be split between the 3 children equally.And the mother knows that if you contest it you WILL get that money for your kids because they were his children and its rightfully theirs.
Go to war if need be for yours mom! How dare his mother be so selfish.smh

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He didn’t have a will. Should go to the vhildren.

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Contest.
His children are the rightful heirs.

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Contest it for your kids

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Contest and ask that it be put into trust until whatever circumstance(pay for college, trade ect) or until age you deem

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Your kids would be next of kin to get his eatate

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His children are entitled to his entire estate. It should go into a secured account until they are at least 18, 21, 25 etc. as stipulated by an attorney/judge. They should not be able to access it too young, they might spend it foolishly.
His mom etc. have no claim to his estate since he has children!

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Don’t let her take what belongs to his babies. She is being a greedy witch. You need to get it for them and put it in a trust for them till they can responsibly handle it

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Legally, the kids are still dependents. The mother is not. Contest the estate.

Btw readers, please have wills if you have any assets. Otherwise the state will decide where they go - and will eat a lot of them with court costs.

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With no will I think legally goes to the children call a lawyer that would be your best bet…

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Need a lawyer 4 sure

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Contest!!! The family shouldn’t get Upset and if they do it’s completely their problem.

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My biological dad, who was insanely rich, took me out of his will about a week before he passed. I do not believe that it was his decision, though. I should have contested, and regret not doing so. If not for myself, for my son. Please, at least try. That’s your children’s father, and they are legally entitled to at least part of his estate. They are not old enough to fight for themselves, so you definitely should.

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Legally, his children come first as next of kin if there is no will. I would contest it.

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If he didn’t remarried everything goes to he kids. My dad was married and because his wife name was not on the house. It was put in everyone of his kids name and we all grown

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Get a lawyer! Your kids will be next of kin, mom won’t be able to get his estate! It doesn’t matter if you were divorced, your children are minors, they will put money in trust for them to receive at 18

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unless the will states all to the grandmama lols

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I agree with Jeana Hayes. The kids are his descendants (in most states if not all). I would contact a lawyer without delay. Maybe he or she can protect those bank accounts and any other assets.

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