My Kids Father Passed and His Mom Is Trying to Get His Estate: What Should I Do?

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"I have a question. My teenagers that are 12, 13, and 14 lost their father last month. Their grandmother is trying to get the estate and doesn’t want me to contest it. him and I have been divorced for years but have the 3 children together. I’m curious what I should do I guess cause I got a notice saying I could contest. I really want the kids to be able to get the estate and have it put into a account for when they are 18 so they have college money. The estate is $350,000 and I worry there is a possibility they won’t see any of it. Idk what to do and I don’t want to cause conflict within the family. Has anyone ever had to go thru this? There was no will or anything. She is also trying to cease his bank accounts."

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The following top answers have been selected by a moderator from hundreds of responses to the original question.

"There are several places to get free legal advice online, at least for the basics. The normal order for inheritance is: spouse, children, siblings, parents, aunts, uncles, nieces, nephews, grandparents, great aunts, great uncles, cousins or children. In other words, the kids should get it before the parents. Fight for it. They will love you for it:"

"Contest it. And go get survivor benefits filed for the kids"

"Contest it! The kids deserve that money and you have no way of knowing if they will see anything if his mom gets it."

"Contest it. Those are his children, and it rightfully belongs to THEM"

"I’d fight it contest it. Your speaking on behalf his kin. Kids have more rights than she does"

"I would contest it immediately, it should be for the kids not her. It’s the best way to make sure your kids get what they should get. Do not feel bad for trying to protect them."

"I would find a lawyer to help you through this. Don’t do it on your own."

"His children should get what he left, not his mom. Shame on her for taking away from her own grandkids"

"Get a lawyer and contest it"

"Contest it & put it all into a trust that’ll be divided to the 3 of them"

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My first thought “What type of a person does this?”.
To openly fight against her own grandchildren? What a cold, cold woman

Don’t be surprised if the woman has the children’s DNA tested! Fight for your children!

Do not let her get what rightfully belongs to your children! Sound like she think she entitled to it but in reality she is nit! That belongs to your children not their Hrredy Grandma!

Yes definitely contest it the car and all the fathers belongings are your childrens property. Fight for your children, and get every penny for them.

First of all—yes Everyone needs a will no matter how little you may have in possessions or money.
Secondly, the mother should not have control over the money for the children, someone else who doesn’t have a vested interest.
An attorney needs to be involved to draw up legal documents.
I would highly recommend splitting up the money X-amount pre child for college to go in a trust, however if they choose not to go to college or don’t need this amount it will roll-over to their other trust and continue to build. Then the remaining money also will be in a trust to each child available to them on their forty birthday. I would have the money building in a money market account meanwhile, but once again “NO family member can touch this money, but these children” at the appropriate ages college-age and 40. 

Definitely contest it. Definitely get survivors benefits for your kids. My fiancé’s aunt screwed him over when his Dad died by telling him to sign a form and she’d give him a portion of the life insurance and she kept it all.

I hope you contested! Kids have a right to dad’s estate before his mom does!