What are my children’s rights to their late father’s estate?

UPDATED: Oct 1, 2022

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What are my children’s rights to their late father’s estate?

My ex-husband left behind a suicide note concerning his personal items. His finances was explained in how to handle everything. I transferred his mail to my address he has a brokerage account with the company he worked for; it’s not a retirement account. His sister is trying to receive the funds even though we were married for and had 6 sons. I know I do not receive anything but our sons should receive this right? I’m having to take time off from work to handle some of the things he requested in his note.

Asked on October 23, 2017 under Estate Planning, Louisiana


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If your ex husband's brokerage account listed a beneficiary, then that person is entitled to the proceeds of the account. In other words, it is not a part of his estate. If no beneficiary was so named, then the proceeds are an asset of the estate. Further, assuming that no Will was left, then he died "intestate". This means that your children are entitled to share in the division of your ex's assets. At this point, you should consult directly with a local probate attorney as they can best advise you further.

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