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

You do need legal advise. However, I thank your children are the legal recipients of his estate unless otherwise stated in a will. There’s going to be a fight no matter what so stand up for your childrens rights.

3 Likes

My mom passed when I was 11. Parents had been divorced since I was 8 and my mother’s estate went under the care of her mother, my grandmother, until my brother and I came of age. Holidays would roll around and Grandma bought everyone the usual gifts but the cost of the gifts for my brother and I came out of that estate. She’d take my cousin and I to the movies and she would bill the estate for the day we spent together. She collected monthly social security survival checks for my brother and I until we turned 18. Guess what she did with those? Plenty of trips overseas. Oh Grandma is going to Greece again! Good for her! No one, including myself, had a clue she was using my money to travel. I ended up paying her very well for the 7 years she was in charge.

His mother should not be benefitting from her son’s passing. The only person’s best interest my grandmother had in mind was her own.

2 Likes

Contest it. Get a attorney/lawyer who specializes in that. If he didn’t have a will it goes to his children when they are of age. Until then it should be put away in a account somewhere

2 Likes

MAYBE his mom is just wanting to insure the kids get the estate and NOT the exwife.

Fight it for your children.granny should know better.

2 Likes

At the very least each child should receive a trust fund for their college or first time home business downpayment.

2 Likes

What ever he has should go to his kids fight all the way

3 Likes

Yes, i would contest it for the kids only. Have everything put in a trust fund in there names. I would get a lawyer too.
And Good luck for the kids.

3 Likes

Fight for the kids share of their father’s estate. It is their not the grandmothers. Hire a lawyer.

1 Like

It depends on your state but in Tx it if no will any assets are divided between spouse and kids. The parents would get anything unless he had none of the above. I would definitely advocate for your kids … college isn’t cheep.

2 Likes

Sounds like you better fight for your children’s rights.

5 Likes

Get a lawyer - it should go to the kids not the in-laws!

4 Likes

Lawyer can give u accurate information

1 Like

Your children deserve that money… his mother shouldnt even question that.

2 Likes

I agree 100% contest it, your children deserve the money for their future! if my son past, i would want my grandchildren to have it all

3 Likes

Get any attorney and fight for your children’s rights

2 Likes

I would like to tell his mother greed is the greatest of all evil and why does she think she needs it over the kids. I would be contesting it and look after your kids :innocent::innocent::innocent::innocent::innocent::innocent:

8 Likes

For the kids so yeah absolutely

Get a good lawyer and fight for your children for their legal rights to their father’s estate. Sounds like his mother wants it all for herself. Do it a.s.a.p.

Contact a lawyer who specializes in this kind of cases and fight for your children’s rights! They deserve a trust fund for their futures! Don’t worry about making family problems, sounds like she doesn’t care about children rights and I’m sure Daddy would want his children to have his estate! Go with your :heart: and what is best for your children’s future! Will be praying for you and your kids!:pray::hugs:

3 Likes

Don’t let her take it all from his children

His children should have their dads estate not his mother.

2 Likes

Sounds like his mother thinks she should get it. Maybe she thinks you might use the childrens inheritance. Maybe she is want to protect the childrens interest. A lot of maybe’s

1 Like

If your children got it all would you use it for yourself?

First of all you need to consult a Lawyer quick smart

Stand up for your children…if she gets it and she passes it will go to her other children if she has any or to wherever she chooses to do with it

1 Like

Fight her ass. His kids ate priority of his belongings over her

1 Like

Get a lawyer. His kids should come first

1 Like

Contest it for your children

1 Like

Contest it. It’s for the kid’s. Their dad would rather they have it

1 Like

Have you asked his mum what she plans to do with it. Could be she will set it aside in a way for the children anyway and just thay she wants to do it, thats playing devils asvocate. Id try.to talk to hed though first befofe steam rolling in with lawyers etc but definitely air your concerns and let her know. Xx

CONTEST IT! She sounds toxic af if she would even think about taking your ex husbands estate from the kids. Get a lawyer asap.

1 Like

Contest it your children are entitled to it !

2 Likes

No will… automatically goes to his dependents … case closed… she should be ashamed of herself- she should want her grandkids to be taken care of!

2 Likes

There is a process. Probate court. It’s the best thing that can happen

That money belongs to his kids not his mother…

1 Like

Get a lawyer asap - you can have his estate and any other funds in to a trust fund for each child.

3 Likes

Next of kin would be his kids, please contest it for their sake!

5 Likes

Contest and get an attorney!!!

1 Like

She has no chance. Goes to his children divided.

Fight for your kids they deserve all of it. They are his next of kin not her

4 Likes

If there is no will or Trust, the estate should go to next of kin. I would contest. Or at least seek legal advice.
If you have a good relationship with his mother, you may be able to ask, get in a legally binding document, that she intends on putting the money in a trust fund for her grandchildren

1 Like

Contest it. It belongs to the kids and you can become the trustee. Basically meaning you will be putting it al into an account for them

2 Likes

Contest it. The kids deserve it

2 Likes

They are his dependents bottom line. If no will the assets go into his estate and then whatever needs to be paid off would be then the money goes to his next of kin- his kids. Call a lawyer ASAP. Yes, you contest it immediately!

5 Likes

id contest it asap that estate rightfully belongs to his kids

5 Likes

Run to the nearest lawyer

4 Likes

It goes to his children… END OF STORY

4 Likes

May differ by state, but I believe the next of kin starts with direct offspring in most states, so the 14 year old would be first in line as executor (the grandmother is at best 4th in line behind the 3 kids. I’m just not sure on how that works with the first next of kin being a minor. I do know that the next of kind has a certain amount of time to open the estate following the death (90 days maybe). If they don’t , then anyone (the grandmother) could claim to be executor/administrator of the estate. I would think the probate court in your state would follow that protocol if the kids’ grandmother is trying to claim the estate within that initial time period… all that would be in the absence of a will. The will would probably name the executor/adminstrator.

MAKE SURE YOUR LAWYER MAKES YOU THE ’LEGAL GUARDIAN’ OF YOUR CHILDREN! My lawyer didn’t and my son lost EVERYTHING!

3 Likes

Next of kin… get a lawyer and contest…mom is selfish he left behind children …their fathers estate should go to them not her smdh good luck

1 Like

You don’t want to cause conflict within the family??? Exactly what do you call what his mother is doing? His children deserve that money!

4 Likes

Please contest it. This money belongs to his children.

3 Likes

Get a lawyer!! Your kids deserve their inheritance.

4 Likes

Get a good real estate attorney. Yes you should get this for your children and possibly set up a trust for them. A good trust is difficult to break.

3 Likes

Did he not have a Will done?

Contest for your children

4 Likes

She is greedy, your kids have a right to inherit from their father. You should go all the way for the kids.

4 Likes

Contest it immediately! His children get $300,000 & his mother can have $50,000.

Period!
Also call & file for social security survivor benefits immediately!!! That will take care of the children with a monthly check until age 18.

10 Likes

Kids are young it should be held until they decide which school they want to go too! They are to young ! They need a conservator they will hold the money and give it to them when it’s needed for something important!! Call and speak with an attorney they will hold the money for the kids this way their is no fighting with families.

3 Likes

contest it. those kids are who he would want to take care of in his death not his mother! she has no rights to it at all

4 Likes

Hell no… You share kids …contest it! His mother doesn’t have a right to everything. Those kids do

5 Likes

Fight it it should be for the kids.

Contest it and get you named as trustee for their inheritence. By law your kids legally are the closest next of kin. After the kids would be his parents. By law unless he remarried, his kids are 1st in line for his estate. Contest.

2 Likes

It actually will go to the kids, it was there father and so all of his estate belongs to them unless he had a WILL written. I would definitely contest it and speak with a estate attroney. The grandmother doesn’t have any rights to his stuff as long as the kids are living

3 Likes

Children are next of kin. Don’t let someone bully you, it’s for them.

1 Like

The children are the next of kin. Get a lawyer and contest as soon as you can. Dont leave it chance that his mother will do right by the children.

2 Likes

Anyone suggesting you’ll just cause conflict within the family is just looking out for their own interest. Your children are the right and lawful heirs to his estate. Also his Social Security till they turn eighteen. If you were married for more than ten years whether he remarried or not you are also eligible for his social security. Please contact a lawyer ASAP! Good luck.

6 Likes

Get a lawyer. His kids are his next of kin. She has no claim to his estate

3 Likes

Get a lawyer, contest it for probate for the children

1 Like

Contest it those children deserve it.

1 Like

I do believe it will go to the children. You can apply for social security for your kids. Because there was no will I would get a lawyer to see what your rights are.

Contest it! Your children’s father would want the best for them.

1 Like

Should go to his kids!

I would get an estate lawyer

Contest it and put it in trust until they each reach 21.

2 Likes

All this advice and no one has a clue as to what the grandmother is llke or her intentions.BUT we are hearing from an estranged wife that we also know nothing about. Obviously she would get a lawyer were she competent without asking advice of strangers.

1 Like

Sounds like you already have problems I suggest you contest it you will win

Contest it. Get an attorney

I heard there’s a law that if you were married for ten years or more before getting divorced then you get everything when you’re ex dies even if they are remarried if they hadn’t reached the ten year mark. I could be wrong but it’s worth looking into

Your kids deserve to have his money not grandma. No mater what, money will always cause problems in these situations. Think of your kids and go for it.

You make sure it goes to the kids all of it!! Plus get then SS too

I don’t know what state you live in, but in Iowa anyway, without a will, the boys would be first in line to inherit from a parent. See an attorney to be sure.

Apply to be the Executor of the estate; an attorney could do that for you. I think you would qualify before a grandmother.

She’s not entitled to one darn bit! Contest it. Your kids should be the beneficiary. Stand your ground!!!

You need to claim child support from his estate! Grandmother has no right unless it was stipulated she gets it all. However child support where I live is first in line and that should be taken from the money before she gets anything.

Don’t worry about conflict. That’s her problem. Your children are entitled to it. Anyway no normal person would try to take money that 3 children were entitled to. That shows allot of her character and that she really shouldn’t be trusted. She already is well aware that it will cause drama and has accepted this as no one would ever believe that they can take money from a dead son.
Get every cent they are entitled to.
You owe her nothing.
You must look after your children first.

1 Like

Contest it! Your children’s father would want the best for them.

That is your children’s inheritance Fight for them If it causes a rift…so be it His children come first

Wakey get a lawyer. Noone here knows your circumstances so they can’t advise you with out all of the facts

Contest for your childrens sake

I would do it for the kids they deserve it

That should go to his children. Will she spilt with children and herself? I would definitely fight for your kids to have the estate.

Nah, contest that ish. The kids should come first

1 Like

The children are under age & need to be looked after. Contest it in behalf of your kids - you owe it to them.

1 Like

Contest it for the children
I wonder if they could receive Survivors benefits through Social Security, also?

3 Likes

Take what they deserve

That should definitely go to yalls children :heartbeat:

The children are his heirs not the grandma

I would definitely contest it! I’m sure the father would have wanted it to go to them and not his mother.