What to expect as far as benefits/inheritance when the father of your children dies?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to expect as far as benefits/inheritance when the father of your children dies?
My ex is about to die from liver damage; he is in hospice now. He was on permanent disability for a accident years ago and before that was in a union. I have his children ages 18 and 16. He has no money from what I’ve heard but he has a house that is paid off. Also, I have been receiving child support and SS for my children. However, I’ve heard that when he passes all of that will stop. I’m not sure if he has a Will. What can I expect the children and I to receive, if anything?
Asked on August 26, 2010 under Estate Planning, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You should consult with an attorney to look into this thoroughly for you. The short answer is that if your ex-spouse did not remarry, then his children should receive everything--i.e. all the money or assets in the estate, less valid claims or debts against the estate and also some administrative, etc. costs. If he did have a spouse at the time he passed away, that spouse and the children will split the estate, though the exact fashion in NJ gets a bit complicated. You yourself would appear to not be entitled to a share of the estate (though note: if you were the beneficiary on any insurance policies and that was never changed, you might collect.) An attorney can help you understand exactly how much your children will receive, and also whether there might be any public benefits (e.g. SS Survivor's Benefits) for which they may be eligible. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.