my ex-husband died of stroke. He stopped talking soon after the attack. Later, he was taken to his homeland (per his request at time of attack). My daughter, a freshman in college wants to know if her dad left any will or inheritance for her. The wife said he cashed his benefits from a job he worked for over 15 years before his illness. I need to find out if my child can get anything. My daughter has been getting social security since December 2005 but it will stop next month since she turns 18 in December 2006. Where can go to get answers since I am an ex-wife with no right. But my child's interest is important. I need help.
2006-10-16 01:44:20 · 10 answers · asked by getitright-now 1 in Family & Relationships ➔ Marriage & Divorce
Hi,
I'm currently studying succession law at uni but its in Australia so I don't know if this would help you. As you use the term freshman and as such it means you must be an American, Canadian???
Anyway in accordance to Australian legislation...the answer is yes. Your daughter can claim.
If there was a will and there was probate in the will, then the court will have record of this will.
If there was a will and no probate, then you should find out who the executor is
If there was no will, your daughter as the daughter of the deceased can still claim. She can claim a Family Provisions Application (I know in America you have one because I researched a little of it). Here it means that she can claim a part of the deceased estate due to inadequate maintenance. You find that courts are more willing as your daughter is still a minor and still can claim dependency.
I hope this helps.
You really should talk to a lawyer in your country as I think you have a sufficient action with the wife.
2006-10-16 01:50:15 · answer #1 · answered by typical_123 2 · 0⤊ 0⤋
A will, if there is one, must be filed with the county clerk after the individual's death. It is then a public record. You can contact the county clerk to see it. If there was not a will, the estate is presumed to be left to the individual's spouse. If he did not have one, then the estate would be divided among his children. If you suspect any monkey business, check for the will with the county clerk, and if not found, consult a lawyer. Some will handle the case for nothing if you or your daughter don't have the financial ability to pay.
2006-10-16 04:55:29 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Do not delay. Right now she is a minor and is entitled some percentage of money from whatever he has left while dying. File a case in the court immediately freezing all his assets from getting diluted and even if the court case takes more than 5 years from today the settlement date would be fixed from the day he has died and at that point of time your daughter is a minor. Do not worry, do not panic , act cool the human justice their in your daughters case. So contact the best lawer who will do all the rest for you.
2006-10-16 01:52:12 · answer #3 · answered by ssmindia 6 · 0⤊ 0⤋
If there is no will, the law is usually, the spouse gets 1/2 and the other 1/2 is divided among the children, but you need to get a lawyer and stop step-mother from getting everything.
2006-10-16 02:07:49 · answer #4 · answered by crazytxbartender 2 · 0⤊ 0⤋
I think you need a lawyer,that way he will tell you just what to do.. It looks like to me if you dont make a move soon,by the time you find out if he left his child,anything the wife had problably went trought it all,people can be so freeking greedy and nasty. but i would definatly consult some legal person..your child has the right to find out did her father left her anything even if is already gone. good luck.
2006-10-16 01:49:31 · answer #5 · answered by boricua_2290 5 · 0⤊ 0⤋
The burden of proof that her Father intended to leave your daughter anything rests on her shoudlers. She'd have to produce a copy of the will or the executor of the estate would have to validate her inheiritance. This is why it's important to go through the formal process of making your will.
2006-10-16 01:55:16 · answer #6 · answered by W0LF 5 · 0⤊ 0⤋
You can petition the courts on behalf of your daughter, a legitimate heir if her father died intestate (without a will). If there really was no will, their your daughter may be entitled to 1/3 of her father's estate.
If there was a will, then the courts are bound by the terms of that will unless it is contested.
2006-10-16 01:47:32 · answer #7 · answered by kja63 7 · 0⤊ 0⤋
That is a legal question. Contact a lawyer.
2006-10-16 01:47:40 · answer #8 · answered by Val 6 · 0⤊ 0⤋
Get her a lawyer. the lawyer will be able to find out everything for her.
2006-10-16 01:45:54 · answer #9 · answered by Anonymous · 0⤊ 0⤋
i think you should talk to a lawyer.
2006-10-16 02:12:30 · answer #10 · answered by hizbizbiz 4 · 0⤊ 0⤋