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Did this man die without a Will?
It sounds like the case is being treated as if there was no Will, which is what I assume you are saying was the end result. If that is the case then all biological children will share equally in the estate. Before they do that, all claims to the estate must be considered. You can try and make a claim to the estate for child support that has been owing to you, but it is not likely that you will succeed because you do not have an agreement or court order requiring the payment of support. Had you pursued this before the father's death a court may have agreed to make a retroactive child support order going back for years, but it is not likely it would have agreed to go further than that. If your children were financially dependent on their father at the time of his death they would also have a potential claim for dependent's relief. So you could try to make that claim and argue that they need ongoing support that should not come off of their portion of the estate but should come ahead all of the residuary beneficiaries.
But if the money is held in trust for them the Trustee can make payments from the Trust fund for their needs so long as you can show they have needs you cannot meet.
But your points are well taken and if you cannot fully support them and their father should have you may be able to make a claim for dependent's relief and that will come off the top ahead of what the daughter and your children get.
It is not about proving that you cannot afford to support them. It is about proving that had their father been living he would have had to support then and they need that additional support.
But you cannot get what your kids need or entitled to if you don't make a claim to the administrator of the estate and then proceed to court if necessary.
It's not about a lawyer willing to fight for your kids.
But it is about eating up the estate when 2/3s is already going to your kids.
What they get above that is going to reduce what the other daughter gets as well but it will reduce their trust funds too. They will only get 2/3 of what is left and the daughter will get 1/3. So the costs may not be worth it. I suspect that is what you are being told but at least get a second opinion from a lawyer face to face.
I understand but at the same time the amount of money you are fighting over may not be worth it.
You never pursued child support and so you cannot do that now.
And if the children are entitled to some support because they were dependent on him (but they were in fact not dependent on him) they are not going to get the daughter's full inheritance. It will reduce all of their inheritances equally but in fact as two-thirds go to your children it will effect them more than this third child.
So you are really in a difficult situation.
It is not wrong but you had to go after him for child support when he was living and you didn't.And as I already explained to you the trustee will be able to make payments to you on behalf of the children for things they need out of the trust funds. So if they need additional money for sports and other good clubs or for educational purposes or for something like orthodontic work the trustee will pay you that money out of the trust funds.
You are not able to get support from the estate. You were not dependent on this man at the time of his death. The trust funds would be available to pay for certain expenses that you incur for the children. The Trustee of the trust will be in charge of the trust funds.The court does not have a role unless you bring a matter to court. Then the role of the judge is to make decisions based on the evidence.
The court does not do anything more than that. There is no one to help you find someone. There is no one to oversea what is fair. It is for you to bring a matter to the court and have the court decide.
If you cannot serve someone personally then you can get an order for substitute service. You could have served his family and if he didn't respond you would have received the order and could now make a claim to the estate.
A judge would look at the whole picture.