Stephchildren

[xc_man]

What is the name of your state? CA

My sister is divorced from her husband and has two daughters, thirteen and fifteen. If her ex-husband, who is remarried with a stepson, dies and gives everything to his new wife who happens to be very controlling of his money and does not like my nieces, is there any way that my sister's children can get anything? And, will my sister still receive spousal and/or child support?

 

[BlondiePB]

If her ex-husband, who is remarried with a stepson, dies and gives everything to his new wife who happens to be very controlling of his money and does not like my nieces, is there any way that my sister's children can get anything?

It depends on how the assests are held/titled; his will or lack of will and if the children are minors at the time of his death.

And, will my sister still receive spousal and/or child support?

Deceased persons do not pay support.

 

[BelizeBreeze]

If there are arrears however, the sister can make a claim against the estate.

 

[nextwife]

If there are arrears however, the sister can make a claim against the estate.

Burt of course "the estate" ONLY consists of those assets that are not jointly held in such a way as they "pass outside probate" or go to named beneficiaries.

BOTH parents should have life policies against them sufficient to cover the value of their financial contributions should they die. If she is concerned she could petition for each to have a life policy against them ordered by the court.

 

[divgradcurl]

What is the name of your state? CA

My sister is divorced from her husband and has two daughters, thirteen and fifteen. If her ex-husband, who is remarried with a stepson, dies and gives everything to his new wife who happens to be very controlling of his money and does not like my nieces, is there any way that my sister's children can get anything? And, will my sister still receive spousal and/or child support?

The ex-husband does not need to leave anything to his daughters if he doesn't want to. If he dies with a will, and leaves nothing to his daughters in the will, that's it. If he dies without a will, the daughters will be heirs, assuming he has any property in his estate.

If spousal or child support is in arrears, as others have pointed out, a claim can be made against the estate, whether or not there is a will.

Spousal and child support both cease when the ex dies, except for any amounts in arrears. But no further spousal or child support will be forthcoming when the ex dies.