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CJWPB
Jul 29, 2009, 08:43 PM
What rights do the minor children have in obtaining a deceased parent's belongings and ashes from their father's widow, of whom he was married only 6 months. There was no will left by the deceased.

HelpinHere
Jul 29, 2009, 10:55 PM
Where do you live? As different regions have different laws regarding these issues.

As far as I know, in California, unless something is legally willed to a minor, PoD, or another special circumstances, without a will it goes to the next of kin(s) and they delegate it from there.

stevetcg
Jul 30, 2009, 06:33 AM
In most states, the minor child has little rights to property if there is a surviving spouse. Some allow a portion to automatically go to heirs if there is no will to the contrary.

Where do you live?

stinawords
Jul 30, 2009, 07:47 AM
While in some states they would be entitled to a portion of his estate, there is no guarantee that means his ashes. You can get a lawyer in your area on their behalf if you want to fight it but generally the spouce keeps the ashes.

CJWPB
Jul 30, 2009, 10:49 AM
We live in the state of Florida. The spouse had previously agreed to split the children's father's belongings, even the ashes, but she has since decided to ignore the request.

ebaines
Jul 30, 2009, 11:17 AM
In Florida the rules for someone who dies intestate are that if there is a surviving spouse and children (lineal descendants) who are not children of the surviving spouse, then the spouse gets 50% of the estate. The remainder gets split among the lineal descendants. The specific rules for who gets what depends on what relatives are surviving - whether in addition to children there are any surviving siblings, parents, grandparents, uncles, aunts, etc of the decedant.

I agree with the earlier comment that getting the ashes is probably not going to happen. But the children do have some rights to other assets, UNLESS they were titled to go directly to the new spouse - for example any assets that were owned jointly with right of survivorship, or that he specified as payable on death to her, would not be split with the children.

CJWPB
Jul 30, 2009, 11:20 AM
In most states, the minor child has little rights to property if there is a surviving spouse. Some allow a portion to automatically go to heirs if there is no will to the contrary.

Where do you live?


Florida

CJWPB
Jul 30, 2009, 11:32 AM
As our children's father's former spouse of 12 yrs, I remained beneficiary to all my ex's financial benefits (401K, etc). His widow (married 6 mo's) was not willed anything as my ex had no assests.

cdad
Jul 30, 2009, 01:01 PM
Also remember to file for SSI if he has minor children because they should be receiving a benefit since he has passed.

stinawords
Jul 30, 2009, 08:30 PM
As our children's father's former spouse of 12 yrs, I remained beneficiary to all my ex's financial benefits (401K, etc). His widow (married 6 mo's) was not willed anything as my ex had no assests.

Lucky for you he didn't have that changed. However, as his spouce she is still entitled to her 50% of his estate (whatever there is of it). Also as pointed out anything jointly owned with rights to the survivor aren't up for grabs either so it sounds like there is a very small estate to be dealt with. You can use the money that you got to hire a lawyer to fight harder if you want.