Need help

[Cynthia Davis]

My Aunt in Alabama, has a children by a man whom she never married. The man maried another women, he has since died. The children were proven to be his. He was also proven by the state to be disable. He was court order to pay child support. The wife has recieved money from his death and has given any to the husband biological children. I know in the state of florida, the children are entitled to part of the estate before the wife recieves her part. My question is what should my aunt do to get her children rightful inheritance.

 

[advisor10]

12-12-2000

What city/state did this man die in? It is THAT state's law that will take priority in determing inheritance issues. You need to call or write to the county courthouse of the city/state where he died to find out if he has a will on file. If so, you can get a copy of the will and all other documents in the file to find out how his financial affairs were handled.

Life insurance payments do not go through the probate process, so if that is the type of payments/monies that the wife received, then she can do whatever she wants with the money if the children were not named as beneficiaries.

Your message says that "the wife has received money from his death and HAS given any to the husband's biological children" but did you really mean to say "HAS NOT GIVEN ANY"? That is probably just a typograhpical error.

How long ago did the man die? If it is recently, then you need to wait anywhere from 1 month to a year for the will to be processed and the debts to be paid and financial affairs settled.

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