• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Children loosing support and maybe inhearatance

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

pam4of8

Junior Member
What is the name of your state (only U.S. law)? Michigan

My ex husband died intestate, we have 2 minor children together, My adult stepson came to Mi. from another state and took all valuables from the family home (including childrens personal items as well as some of mine) and his dads accounts using POA before his dad passed away. Stepson opened a small trust (compaired to the size of dads estate) in his own state for each child in which he allows child support to be paid each month. The trusts are revocable, with stepson being settler and trustee. He owns half of the trust.

Now we are going to court as stepson has filed to become personal Rep. of the estate claiming only the home itself for probate. He is somewhat threatening in that if I object and ask for the court or myself to be personal rep. he can stop child support which is desperetly needed to raise our 2 childran,, the childrens standard of life has already changed drasticly. However, if I do not object, he will get away with stealing a great deal from his younger brother and sister,,

My question is,,
Does the courts allow for support to come from the estate for these minor children even though there was no order in our divorce that would provide support should something happen to either of us? Also, as their mother can I arrainge for them to recieve a percentage of thier inhearatance over the years after they reach adult age instead of a lump sum at age 18?

Thank you for any information you can provide,,, Pam
 


nextwife

Senior Member
Additionally, DO immediately submit an application on behalf of your minor children to receieve social security survivor's benefits.
 

Dandy Don

Senior Member
You have left out the most important fact of all--did the man leave a last will and testament that is being probated or are we to assume that there is no will at all?

Have you checked at the county courthouse probate court to see if a will has been filed and if your children are named in it?

Who owns the house and what is it worth?

Have you requested a copy of the trust so you can see whether in fact your children are named as beneficiaries in that or not?

You need a probate attorney to help you find out what the assets of the estate are how to proceed.

You can not automatically assume that he has "stolen" their inheritance until all of the facts are evaluated--that may have in fact occurred or it may not have. Do you know any circumstances about the health of your ex-husband at the time of his death or at the time the power of attorney was granted? Do you think the stepson asked for it and was granted it without any objection and was given with father's complete approval? Or is it possible that the son got it under pressure/duress if father was affected by medication or disease enough to not know what he was signing? Please ask your attorney to look at your state law about abuse of power of attorney--he will need to find out whether the beneficiary designations under a POA are legal or illegal--if they are illegal then he may need to sue stepson to get the designations reversed and the assets placed back into the estate.

DANDY DON IN OKLAHOMA ([email protected])
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top