Its complicated... Heres the scenario?

Question

I was married for 18 years and have two children by my ex-husband now aged 11 and 13 years old. He never paid a penny in maintenance for our children, I brought them up on my own.

He remarried and has another child but after a year, left the second wife too for another woman and yes... had yet another child.

He is legally separated but not divorced from his second wife and lived with the girlfriend and child overseas for 18 months before he passed away recently.

My question is perhaps a little insensitive, nevertheless, it's on my mind because I am wondering where my children stand financially in the absence of a will and the fact he is not yet divorced from this second wife. Does that mean the second estranged wife will get everything or will his assets be shared equally between his children?

Thank you.

Answer 1

Sorry, hun, she'll get everything

Answer 2

Not 100% sure but I think the last woman he was married to gets it. Since they were never legally divorced in the eyes of the law she is his widow.

Answer 3

When ur ex husband passed away he was still married to the second wife so whatever he have in his name it belongs to the wife ,however if he leave a will for your children to get something they have to get it by law.so i think you should do some investigations,

                                    good luck!

Answer 4

No will, so the next of kin will get his assets and debts. That would be the woman he's currently married to. She'll get everything if they hadn't divorced.

Answer 5

It should be that his property goes to current wife unless he has made a will and stipulated how he wants things to go. Most wives inherit their husband property automatically. When the wife dies , it goes to the children equally unless the current wife has made a will which can change things for the children. If there is no will, it will be probated and a court will decide what to do with the property. There will probably be bills that would have to be taken care of first and then the rest would go to the children. I think this is right, you might need to contact a lawyer.

Answer 6

It depends 100% on your state laws. Every state is different. The best bet is to contact an attorney in your state. In the state I live in, when a person dies with no will the assets are split evenly between the spouse and children. Since the girlfriend is over seas that adds a big question. I imagine she would have to prove that kid is his before she gets a dime, were as the kids he already has with the women he married are legaly his. Get an attorney and go from there. The sooner the better.