Location: NY
Hi everyone,
Over 20 years ago, I divorced my physically abusive husband, who cut off all ties with our children and has never met his grandchildren. The divorce was traumatic, and I genuinely believe he would have harmed me if he thought he could get away with it.
During the proceedings, I discovered he had married his current wife 6 months before our divorce was finalized, but my lawyer advised me to keep that information to myself as leverage. He remarried without having any other children, and I suspect the life insurance policies and savings accounts he had for our kids are now gone, likely benefiting his new wife instead.
I was always hesitant to encourage my children to pursue legal action against him for what they might be entitled to, fearing it would only lead to more misery for us all. He passed away a few months ago, and now I’m wondering if my children have any legal claim to an inheritance since he married before our divorce was official.
Thank you all in advance!
Comments
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NAL. Talk to one. Some states don’t allow fully disinheriting children. Also, particularly if he didn’t have a will, his second marriage might be considered invalid due to the bigamy, so your kids would inherit by default. But an actual lawyer would know much more.
As another commenter said, since you are divorced, you are almost certainly entitled to nothing.
It might be worth it for your children to make some inquiries. Depending on how his estate and assets were structured, they might be entitled to something.
For example if he had a will that left assets to “my children”, your children should get a share. (Of course, if he left it to the other ones by name, yours would get nothing.) If he had no will, your children be entitled to equal shares as the others by “intestate succession”.
If there are any court proceedings, your children should get court notices since they are presumptive heirs. They should also be able to see any will.
This is true even if they are specifically excluded from any inheritance.
They might want to check the docket of the probate court in the county where their father lived when he passed away. If a case is opened, they should make sure that the executor or personal representative knows they exist and has their contact information (certified US postal mail for any communication!).
Edit: his marriage misdeeds don’t really specifically affect his childrens’ potential inheritance. His children are his children, whether he was married to their mother or not.