Exwife

[Infiri]

What is the name of your state? Florida

My ex wife died yesterday, I have full custody of our 2 boys (17 and 13). I called the officer on the case (suicide) and she told me that since my kids are minors, the next of kin is the mother of my ex wife. Which it was my understanding since my kids are actually next of kin, when they are minors that means I am the next of kin even if we are divorced. Either way the question is how I go by (which form) to protect my kids, since they are the right heirs of any assets of their mother.
The mother has my ex wife wallet an all of the information, I am worried she would go to the bank and empty all the money (she has stollen from us before when we were married). I called the medical examiner and again told me that the police or someone have listed the mother as next of kin, I dont know if she has something in writing that she can use to go to the bank and clear all the money. I have read a lot and I am clear that the kids are the first in line heirs of her assets. I am sure she wanted this money to go for their college. I am trying to locate which Probate form I need to fill for my kids but found 30 different forms and dont know which is the correct one.

Thanks for all the help

 

[Ohiogal]

What is the name of your state? Florida

My ex wife died yesterday, I have full custody of our 2 boys (17 and 13). I called the officer on the case (suicide) and she told me that since my kids are minors, the next of kin is the mother of my ex wife. Which it was my understanding since my kids are actually next of kin, when they are minors that means I am the next of kin even if we are divorced. Either way the question is how I go by (which form) to protect my kids, since they are the right heirs of any assets of their mother.
The mother has my ex wife wallet an all of the information, I am worried she would go to the bank and empty all the money (she has stollen from us before when we were married). I called the medical examiner and again told me that the police or someone have listed the mother as next of kin, I dont know if she has something in writing that she can use to go to the bank and clear all the money. I have read a lot and I am clear that the kids are the first in line heirs of her assets. I am sure she wanted this money to go for their college. I am trying to locate which Probate form I need to fill for my kids but found 30 different forms and dont know which is the correct one.

Thanks for all the help

YOU are NOT next of kin. Her children are by intestate succession. . Doesn't matter if they are minors. The property can be put in trust until they reach the age of majority HOWEVER you are not next of kin. The mother is not next of kin by intestate succession.
Who Are Next of Kin in Florida | Probate Stars | List of Next of Kin

Don't take legal advice from police officers. They do not know the law.

 

[Infiri]

YOU are NOT next of kin. Her children are by intestate succession. . Doesn't matter if they are minors. The property can be put in trust until they reach the age of majority HOWEVER you are not next of kin. The mother is not next of kin by intestate succession.
Who Are Next of Kin in Florida | Probate Stars | List of Next of Kin

Don't take legal advice from police officers. They do not know the law.

Ok,
So when I call the Examiners office they tell me my kids are not next of kin, and can't make any decision on her body.
Also, there is no property. There might be bank accounts and 401K,
What do i need to file to protect my kids, since again, their grandparents have already stollen from us in the past.

 

[Ohiogal]

Ok,
So when I call the Examiners office they tell me my kids are not next of kin, and can't make any decision on her body.
Also, there is no property. There might be bank accounts and 401K,
What do i need to file to protect my kids, since again, their grandparents have already stollen from us in the past.

Open Probate in Probate court on behalf of the children. And they may not be able to make a decision on the body because they are minors but that doesn't necessarily mean grandma does.

Read this: Who Has the Rights to a Dead Body? | Ensuring Proper Disposition and Custody of the Remains of Deceased Persons - Keystone Quarterly (keystone-law.com)

 

[bcr229]

Also, there is no property. There might be bank accounts and 401K,
What do i need to file to protect my kids, since again, their grandparents have already stollen from us in the past.

The bank and investment account may have defined beneficiaries so they would pass outside of probate directly to the beneficiary. The same is true if your ex-wife had life insurance. If your ex-wife was employed at the time of her death that might have been an employer-provided benefit.

Call a probate/estate planning attorney ASAP to help with the probate process.

You should also apply for social security survivor benefits for the 13 year old son. https://www.ssa.gov/benefits/survivors/

 

[zddoodah]

I have full custody of our 2 boys (17 and 13). I called the officer on the case (suicide) and she told me that since my kids are minors, the next of kin is the mother of my ex wife.

To be clear, when you wrote that you "have full custody," you mean that there's a divorce decree or other court order that gives you all custodial rights regarding your children. Right? Regardless, "next of kin" isn't necessarily a legally meaningful term, and I have no idea what a police officer would be opining about such a thing.

Either way the question is how I go by (which form) to protect my kids, since they are the right heirs of any assets of their mother.

Protect your kids from what?

If you're asking about inheriting from their mother's estate, one would first need to know if your ex-wife had a will. Do you know? Also, what sorts of assets did she have? You seem to have indicated that she did not own real property. Correct? You mentioned bank/investment accounts, but such accounts typically have pay-on-death beneficiaries. If that's the case, the money in those accounts is NOT part of her estate that your children stand to inherit. While your children are the sole heirs of their mother's probate estate, that's only part of the equation. That being said, you're free to hire an attorney to represent your kids' interests and, possibly, start probate proceedings.

The mother has my ex wife wallet an all of the information

All of what information?

I am worried she would go to the bank and empty all the money

Then you should call a lawyer ASAP.

I called the medical examiner and again told me that the police or someone have listed the mother as next of kin

It seems that the use of this term in this context has nothing to do with inheritance rights. Most likely, all it concerns is the disposition of the body.

 

[LdiJ]

The bank and investment account may have defined beneficiaries so they would pass outside of probate directly to the beneficiary. The same is true if your ex-wife had life insurance. If your ex-wife was employed at the time of her death that might have been an employer-provided benefit.

Call a probate/estate planning attorney ASAP to help with the probate process.

You should also apply for social security survivor benefits for the 13 year old son. https://www.ssa.gov/benefits/survivors/

The 17 year old is also eligible for benefits. Perhaps for only a short time, but at least for the short time.

 

[Infiri]

Update on a few questions...
No she didnt have a will. The has Life insurance thru her job, but Life insurance will not pay since it was a suicide. The mother has all the info, meaning bank accounts, her wallet with all of her credit cards debit cards, all of her mail etc.

 

[Infiri]

Thanks for the info about Social Security,, I didnt even thought about that.
She was paying me 1,200 a month of child support, so hopefully SSI helps with that income loss.

 

[Ohiogal]

I hope, that in addition to the financial, you are also concerned about how your children are dealing with the loss of their mother.