I have 2 sons who are 16. Their father (my ex husband) passed away 6 weeks ago. My exhusband remarried and has a daughter who is 6 months old to he's new wife. Where do my sons stand in terms of their inheritance? What percentage should they be receiving?

I am sorry for your loss. Did your ex husband have a will? That would be the first thing to find out here.

Depends where you live, and whether your ex died without a will. If he left a will, that will control the split. If he had no will, his assets will be split based on the particular laws of your state. Many (most?) states in this case would split assets 50% to his wife, and 50% split 3 ways to the 3 kids. Any assets jointly owned with someone (bank accounts? House?) go to the joint owner, if held as joint tenant with right of survivorship. In addition, any assets where he specified a beneficiary, such as life insurance, 401(k), IRA, and perhaps other financial assets such as brokerage accounts, will be distributed as he specified.

Looks like we crossed paths in the same minute, ebaines.

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Originally Posted by misspopular

I have 2 sons who are 16. their father (my ex husband) passed away 6 weeks ago. my exhusband remarried and has a daughter who is 6 months old to hes new wife. where do my sons stand in terms of their inheritance? what percentage should they be recieving?

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Need to know what State - the only party who cannot be disinherited (for lack of a better word) is the spouse. Your ex could have left a Will that provides that everything goes to his wife and makes no provisions for children.

Assets with specific beneficiaries (for example, life insurance, pension, 401K, joint accounts) are outside the Will and go directly to the beneficiary or co-owner.

Divorce decrees when young children are involved often require that both parties carry a certain dollar amount of insurance for the benefit of those children.

If there is no Will then the division between spouse/children is by State law after certain exemptions, sometimes automobiles, sometimes a dollar amount.

I would also check with SS to see if there are benefits due your children.

I am sorry for the loss, I know your children must be upset over this.

But if this is in the US, it will depend on the state, if not in the US will depend on where you live. In the US, if there is a will, then it can have an effect, but in some areas the current wife may well get all, in others all the children will divide 1/2. But children can have their shares reduced by a will.

Judy did bring up a fact that children of someone who passes away often can collect a Social security benefit.