My nephew died leaving two minor children of whom he had legal custody. Was not married to children’s mother.

Question

What rights does the children’s mother have in regards to his estate.

Kenneth V Zichi · Answer

The MOTHER likely has no interest unless there was a will saying otherwise.  
 
The CHILDREN, however, are likely his primary presumptive heirs assuming he was unmarried and there is no will, and the children were acknowledged by him during his lifetime. The mother would have the right to represent her children. AND ALSO she has the right to apply for social security survivor's benefits in their name as minor children with a deceased parent.  
 
This can be a very difficult family situation and the mother should be hiring a local attorney to help sort things out and provide real guidance and advice. Much will depend on how large the estate was, and how contentious the family situation is. Seek that local legal guidance!  
 
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.  
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

Maureen Martin Caster · Answer

If you are not related to the deceased person, you have no rights to inherit unless a specific bequest is made in a Will.  A child will inherit from their parent if the parent was not married at the time of the death.  If a child is under 18 and depending on the amount of the inheritance, a conservatorship could be required to protect the money until the child turns 18.

Q: My nephew died leaving two minor children of whom he had legal custody. Was not married to children’s mother.