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My ex husband had remarried and has passed away this past…

Customer Question
My ex husband had...

My ex husband had remarried and has passed away this past week. When I had spoken to him last he mentioned that when he passed the children ( our 2) would inherit his mothers house and get money from his retirement funds. I just mentioned in passing about mother’s house and she said the children wouldn’t get anything until she died also. I feel it is a bit indelicate to bring up if there is a will since he just passed but I don’t think she will do the right thing regarding his children. What steps should I take to ensure she does?

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

New York

Lawyer's Assistant: What documents or supporting evidence do you have?

None and I don’t believe she will provide me with any

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I just need to know how to proceed about finding out if a will or not

Submitted: 7 months ago.Category: Estate Law
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Answered in 2 minutes by:
11/27/2017
Estate Lawyer: Dwayne B., Attorney replied 7 months ago
Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 34,389
Experience: Estate Law Expert
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Estate Lawyer: Dwayne B., Attorney replied 7 months ago

Please allow me several minutes to read your facts and type my response both initially and when you add a follow up question or add facts. Please don't ask "are you there", etc., since when you post it can erase what I am working on. If we are having a conversation unless I tell you I am going offline, I will be here but I may be doing research.

While waiting for a response, please do not keep asking questions, such as "Are you there", etc. since that can erase whatever I am writing and also interrupts the thought process. I will be back with you as soon as I can do any research necessary, formulate a response, and type it in.

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Customer reply replied 7 months ago
The state is New York
Estate Lawyer: Dwayne B., Attorney replied 7 months ago

The only way to find out if there was a will is to have them tell you or for you to file for a probate and the court to issue an order directing anyone who has a copy of a will to turn it over to the court. If your children are minors then they will be entitled to Social Security benefits and possibly some kind of benefits through his work (ex. life insurance policy) although if they are specifically named it is usually not necessary to open a probate.

Probably the easiest thing to do is have a local lawyer contact her and just ask her to provide a copy of the will so that he can ensure the children's rights are protected as to the employer, Social Security, etc.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

Even if you are a subscriber or have a trial membership please leave a 5 Star Positive Rating so that the website knows I have answered your question.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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