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
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