If my ex-spouse remarried and is terminally ill, will our children receive any of his benefits?

Asked on October 3, 2010 under Estate Planning, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am sorry for your situation.  What I think that you are asking is if your children will inherit upon his death.  They should but it really depends on many things.  First, it will depend on if he has a Will that leaves them anything.  It will also depend on what your divorce decree states (life insurance for their benefit until they are a certain age?).  If there is no Will the matter then depends on if he has any assets in his estate that are not held jointly and that will pass to his wife with "rights of survivorship" upon his death.  Rights of children to inherit are not absolute.  Only spouses have that right (called a right of election).  Some states are very particular though on disinheriting children.  So I would seek help from an attorney in your area.  Good luck.


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