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terryagu · Nov 1, 2008, 08:41 AM

My Brother is late but has a son ouyside the USA born by a Woman married to him by African customary law. How can this boy get an inheritance from his estate and death benefits since a woman claims to be his wife. How can this boy benefit so that he does not go through life deprived?

cdad · Nov 1, 2008, 02:14 PM

Do you feel that they were married ? Is there any kind of papertrail or proof of this ? If she is his late wife then she may be entitled to benefits as well as his son. Was your brother a U.S. citizen ?

terryagu · Nov 17, 2008, 04:47 PM

Yes by African & Nigerian Customary laws. Yes a court declaration in Nigeria. He was a US Citizen. Not married by US law

ScottGem · Nov 17, 2008, 04:54 PM

Who is the executor of your brother's estate? Did he leave a will?

Fr_Chuck · Nov 17, 2008, 09:39 PM

Well first unless there was a divorce this is an entire legal issue, Because they can not legally get married in the US if they are already married.

But before probate closes the child needs to hire an attorney to file a claim with the probate court

terryagu · Nov 18, 2008, 03:10 PM

There is no will. What is executor?

ScottGem · Nov 18, 2008, 05:36 PM

An executor is the person responsible for distributing the estate. Since the deceased can no longer sign documents an executor is appointed to transfer any assets.

terryagu · Nov 21, 2008, 04:02 PM

Can filling of probate make the child get anything from his last employment which was with the department of defence? Even when the child was not listed as next of kin?

ScottGem · Nov 21, 2008, 04:12 PM

Please don't start a new thread with the same issues. I've merged the two threads for you.

As we told you, the estate's executor has to handle all this. If there are any benefits paid by his employer, they would be paid to the beneficiaries listed for those benefits.

Only if no beneficiary was listed or survives would a next of kin be sought.

terryagu · Nov 21, 2008, 04:23 PM

Then how does the law compesate the child? Can the listed beneficiary be compelled to contribute the child welfare and education?

ScottGem · Nov 21, 2008, 04:32 PM

Again, please don't start a new thread. Use the Answer This question options to post a follow-up.

First, it has to be proven that the child is his. Then it has to be proven that the child is entitled to a part of the estate. A Will can disinherit.

And no, the beneficiaries cannot be compelled to share with the child. The proceeds of a benefit that is psid to a benenficiary is processed out side the estate. As long as the assignment of the beneficiary was done legally, then there would be no reasons for them to share.