grandfather died w/ a huge estate

[nemo]

What is the name of your state? Texas

My ex-father inlaw died in 2004. He did not leave a will and it is has taken awhile for everything to go through probate. I filed for child support 3 years ago on my ex-husband he has not paid a dime to help me w/ our 2 boys. I was talking w/ an attorney for the Attorney Generals office and she told me that if there was no will my boys are entitled to a portion of their fathers inheritance. Is this true? I know I sound like a gold digger but that is sooo not the case. My ex is addicted to drugs and prefers to to spend his time and money on parties,drugs and anything except his boys. Please help me understand this matter before it is to late for my children and I to get the help we need.
thank you for your time,
Stressed out in Texas....

 

[Kismetcat]

go on the internet and find a local attorney that can help you. They can then see if the grandfather filed a will. Your boys, being their fathers sons should be entitled to a percentage. If anything happened to your exhusband they would also inherit. You could also possibly ask to have yours sons inheritence protected, fearing that the ex will spend it on drugs and so on. A judge might be willing to appoint someone to oversee his inheritence. However if the estate was large I am surprised that there was no will or at least an attorney. Contact the grandfathers attorney and explain about the boys and ask if there was a will and were they mentioned. If grandmother is still alive speak to her about your concerns. The boys are innocent in your divorce from your ex but they still should be supported. Also you can probably file against any money your ex gets BEFORE he gets it and spends it. Especially if he owes you child support.

 

[BelizeBreeze]

What is the name of your state? Texas

My ex-father inlaw died in 2004. He did not leave a will and it is has taken awhile for everything to go through probate. I filed for child support 3 years ago on my ex-husband he has not paid a dime to help me w/ our 2 boys. I was talking w/ an attorney for the Attorney Generals office and she told me that if there was no will my boys are entitled to a portion of their fathers inheritance. Is this true?

Not exactly. If their father is still alive, then the grandchildren do not take under Texas intestate succession laws. What she might have been refering to is the filing of a judgement lien against the father's portion of the estate.

To perfect such, you would need to return to court and get a judgement against your ex for the amount of arrears owed (which must be certified by the court). Once you have such a judgement, you can then file for a lien and serve that lien on the Executor of the estate and any financial institution holding the ex's funds.

This is not something to do alone.

 

[Dandy Don]

Your children are not entitled to a portion of this money DIRECTLY from the estate, but your local child support agency can advise you on how to file a claim against the inheritance monies paid to your ex-husband, and if the child support agency can't help you with this get your own lawyer.

 

[nemo]

thank you

thank you for your reply Don I will take this up w/ me attorney