Q: My nephew died leaving two minor children of whom he had legal custody. Was not married to children’s mother.
What rights does the children’s mother have in regards to his estate.
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
A: 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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.