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children previous marriages rights

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bakedalaska

Junior Member
What is the name of your state? florida
My children's father passed away. He also has 2 children from previous marriage. At the time of his death he was remarried with another child. Does everything go to the present wife or are his other children entitled to anything?
 


moburkes

Senior Member
What is the name of your state? florida
My children's father passed away. He also has 2 children from previous marriage. At the time of his death he was remarried with another child. Does everything go to the present wife or are his other children entitled to anything?
What does his will say? Children, in most states (I'll look it up) aren't "entitled" to anything automatically.

Does he have property in FL? Or, are you simply talking about money and personal property?
 

nextwife

Senior Member
Certain Jointly held assets, life insurance, and 401ks and IRAs pass OUTSIDE probate. They are normally not part of one's estate. Non-comingled, premarital assets, if any, would pass subject to either his will, if any, or Intestate succession, if he had no will.

AS part of the divorce, did you make certain you maintained a life insurance policy against each other in case the other parent died? If so, you can collect on that policy you've been paying on. When I became a parent with my husband, one of the very first things I did was buy a life insurance policy on him to protect our child if he died. And arranged for him to have one against me if I died and he had to raise our child without help from me.
 

bakedalaska

Junior Member
childrens' rights

The only property in the US is a house inherited and owned by my ex-husband and his 3 siblings. Other property is owned outside of the US. Unfortunately there was no child support ever ordered (due to living outside the US at time of divorce), no insurance. As far a will how would we know what that said, if there was one?
 

Dandy Don

Senior Member
If you know what city he died in, you can check for a will at the county courthouse probate court for that city. Many courthouses in Florida have their probate records online and so it should be fairly easy to check that way. Normally the will is filed within 30 days of the death.

If a will is on file you can order a copy of it by mail or go to the courthouse and look at it.

If it turns out that there is no will within 60 days of the death, then you may want to consult a probate attorney to see if you want to get probate opened up (if you are sure that there are assets in his estate), because your children WILL qualify to inherit as heirs if the estate is intestate (without a will).

DANDY DON IN OKLAHOMA ([email protected])
 

nextwife

Senior Member
The only property in the US is a house inherited and owned by my ex-husband and his 3 siblings. Other property is owned outside of the US. Unfortunately there was no child support ever ordered (due to living outside the US at time of divorce), no insurance. As far a will how would we know what that said, if there was one?
As to the real estate, determine how it was titled. Dad only had a 1/4 share. THAT property might automatically pass to the co-owners. Especially if it was inherited- the estate from which HE received the property may have instructed that title be held between the sibs a certain way.

You can't know if it was subject to probate until you know exactly how title was held at time of death. That information is part of the public record in the RODs office in the county of the real estate.
 
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