Ex spouse died and we have a minor child what do i do?
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Ex spouse died and we have a minor child what do i do?
My deceased ex-husband and I have a minor child. He did not remarry or have any
other children. We dont’t believe if he had a will. His family has not
discussed anything with me as far as if my daugther is named as a beneficiary in
his life insurance, 401k, bank accounts, etc. They mentioned they should get an
attorney assuming the estate will go into probate. They are planning on packing
up all of his and my daughter’s personal property at their home soon and have not
told me about what will happen to all the items. What are my rights? Should I
not ask them about all this? I don’t even know where to start.
Asked on March 23, 2017 under Estate Planning, Missouri
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
I am so sorry for your loss and for the situation as it stands. First go and get the court to declare you as the LEGAL guardian of your daughter asap to act on her behalf. Your child is THE ONLY LEGAL BENFEICIARY OF HER FATHER'S ESTATE if he died without a Will. If he died with a Will and cut her out (if Missouri allows that) then that is a completely different story. But what you need to do is get yourself appointed as her guardian and then YOU file for Probate as her guardian. They have no right to touch his or your daughter's things. If he did not fill out the beneficiary designation forms on the 401K or life insurance then the funds are payable to "his estate". That is the law. Please get guidance asap. Good luck.
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