childrens right after fathers death

my guestion for you is my exhusband [my childrens father] has passed away last september my children where living with him and their stepmother they are now with me. when he passed away he left no will or nothing the family home was in his name only and his truck was too, she [the step mother] has given my children nothing not even a picture. they had guns for hunting [that were birthday and christmas presents to them from their father, she has sold alot of the stuff. are they intitled to any of his belongings [house truck ect.] this has taken place in pa. and the children invoved are minors. have we waited to long to do anything

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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