Dad divorce is done 3 weeks later he dies, what rights do I have?

[Concerned2010]

What is the name of your state (only U.S. law)? Texas

She divorced him and had a no contact order on him, when he passed away. 3 weeks after it finalized my father passes away. Now, I am the next of kin. Does she have any rights to any of his things. They were married for 17 years. He never adopted any of her children. So, it is my brother and I and we are both of age. All of his belongings were with him when he passed away and she is trying to find a loop hole to get his things, not that when I get them I won't share. But shouldn't that be my job to take on? I mean getting all his things in order? Thank you for any help!

 

[Proserpina]

What is the name of your state (only U.S. law)? Texas

She divorced him and had a no contact order on him, when he passed away. 3 weeks after it finalized my father passes away. Now, I am the next of kin. Does she have any rights to any of his things. They were married for 17 years. He never adopted any of her children. So, it is my brother and I and we are both of age. All of his belongings were with him when he passed away and she is trying to find a loop hole to get his things, not that when I get them I won't share. But shouldn't that be my job to take on? I mean getting all his things in order? Thank you for any help!

If they were divorced (and assuming his parents are also deceased), his children would be the natural next of kin.

However...there IS the possibility that even being divorced she may be entitled to certain things.

You and your brother really need to speak with an attorney, ASAP.

 

[LdiJ]

If they were divorced (and assuming his parents are also deceased), his children would be the natural next of kin.

However...there IS the possibility that even being divorced she may be entitled to certain things.

You and your brother really need to speak with an attorney, ASAP.

If the property settlement was fully executed in the divorce, then she would be entitled to nothing. However, if there was anything pending...sale of the marital home, QDROS pending for division of retirement money, etc., I agree that she might be entitled to something.

I also agree that you and your brother need to be speaking with an attorney ASAP.

 

[Concerned2010]

If the property settlement was fully executed in the divorce, then she would be entitled to nothing. However, if there was anything pending...sale of the marital home, QDROS pending for division of retirement money, etc., I agree that she might be entitled to something.

I also agree that you and your brother need to be speaking with an attorney ASAP.

There was nothing to split between them. They don't really have anything. He gave her the car, which she still has. There was no problems with the divorce it was clean cut. Dad took his cloths and small belongings and left like his ex wanted him too. Yes both of my grandparents have passes as well.. I would get an attorney but in the enconomy I haven't worked in almost a year and I my self am in the process of loosing my house we bought two years ago. The thing I think is happening is she is getting scared that I won't give her anything of his, but that is not true. My father has been gone for 2 months now, and she still has yet to have called me and ask me how I am.. Funny, I think. Thank you guys for the help and ease of mind.

 

[LdiJ]

There was nothing to split between them. They don't really have anything. He gave her the car, which she still has. There was no problems with the divorce it was clean cut. Dad took his cloths and small belongings and left like his ex wanted him too. Yes both of my grandparents have passes as well.. I would get an attorney but in the enconomy I haven't worked in almost a year and I my self am in the process of loosing my house we bought two years ago. The thing I think is happening is she is getting scared that I won't give her anything of his, but that is not true. My father has been gone for 2 months now, and she still has yet to have called me and ask me how I am.. Funny, I think. Thank you guys for the help and ease of mind.

If the divorce was final and there was nothing left to split, then you have no obligation to her.