AUG. 18, 2001
DEAR RED66:
Yes, as natural children of the decedent, they would have been entitled to a portion of his estate. However, from the situation you have described, it is uncertain whether this decedent left behind enough of an estate to have any value.
There is a small chance you may have waited too late to do anything, but what you can do now is to look at his probate file (at the county courthouse of the city where he died) to see if the stepmother (or any other relative) has filed paperwork to open probate proceedings (called "intestate" when there is no will). Someone still has to be responsible for claiming his assets and paying his outstanding debts and funeral bills, and if that process has begun, then you can look at any paperwork in the file (it may show the value of his estate, what assets he had, etc., how much the house is worth).
If no paperwork has been filed, then I guess there is not much you can do since the stepmother has probably already closed out his bank accounts and gotten any asset that is worth anything.
If the house is worth anything and is paid for in full, you may want to retain an attorney to force her to sale the home (and she will have to find another place to live) so your children can receive their share of the proceeds from the home sale.
You can also have your attorney send the stepmother a letter requesting your interest in obtaining the guns, etc. for the children, but it is possible she may have already sold them.
SINCERELY,
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