My common-law spouse has died and I am the trustee of the…

Question

Answer 1

Lawyer: Debra, Lawyer replied 7 years ago

It actually sounds like those children may have been partially financially dependent on him. And child support is required when the children are over 18 so long as the children are in full-time attendance at school and remain dependent because of their attendance at school and live at home when not away at school.

So it may be that the children will have a dependent relief claim that they can assert against the estate.

But for now, they certainly have no entitlement as the will govern and you receive the entire state.

If they make a claim through a lawyer and you will need to retain a lawyer to assist you. But until they do there is no reason for you to provide any funds to them and they do not have a right to see the entire will but if you have to probate the will then it becomes a matter of public record and they can see the will by getting a copy from the courthouse.. However, because they are receiving specific bequests they are entitled to see the part of the will the deals with them.

Answer 2

Lawyer: Debra, Lawyer replied 7 years ago

The joint account does not form part of the estate.

But the estate owes them the money.

So if there is only the house you will need to mortgage or sell the house to get them the money.

And as they were given $50,000 each they may not be entitled to more.

Please don't get scared and pay them anything.

This is very complex and you need a lawyer to review the Will and the facts and then assist you in determining what if anything they are owed.

It may be the estate can pay the $50K to each and they need to take that and go.

My common-law spouse has died and I am the trustee of the…

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