Legal Question in Wills and Trusts in California

probate, children's inheritance

here's the situation.

father dies and is survived by ex-wife, two children.

there was no will.

there are a couple of assets (house, car) but looking like there may be debts such that not much value can be realized after selling.

the ex-wife is still owed unpaid child support

the children have nothing

the ex-wife (mother) hopes something will come of the assets besides more debt

how to assure that children will receive whatever funds may be available???

one recommendation received so far is to apply for legal guardianship. but research shows the mother/ex-wife is of course already a legal guardian and the children are heirs when no will.

it's possible that loan on the house and car and deeds of those assets may show a different beneficiary than the children. would children's name take precedent or would assets go to beneficiary. any way to have it go to children?


Asked on 3/31/08, 1:53 pm

2 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: probate, children's inheritance

Boy. What a confused question. The children inherit the assets that go through the estate. But the estate must first pay the decedent's debts. The ex will probably claim her unpaid child support through the probate, and it will be paid to her before any distribution of net funds to the children. If the children are minors, it will be paid either under the Uniform Gifts to Minors act or into some other custodial account.

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Answered on 4/02/08, 12:38 am
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: probate, children's inheritance

I think the advice was guardianship of your children's estate. She will have to do that to collect assets on behalf of the children.

As a creditor, the ex wife can ask the court to appoint her as the administrator of the estate. If there is nothing left after she is paid back child support, then she will not have to become the guardian of her kids' estate.

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Answered on 3/31/08, 5:11 pm


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