Legal Question in Wills and Trusts in Rhode Island
childrens rights
do children have rights to their single father's estate after he dies, even if he states otherwise in his will? or perhaps could a civil lawsuit be brought while he is still alive? this father has not done anything for these children...to include child support or money in any way for their entire lives. it is not known what is owned or how much this person is worth, but it could be considerable money. he lives in the same state as his children.
1 Answer from Attorneys
Re: childrens rights
This is really a family law question rather than estates and trusts because a will does not operate until the person has died.
If the father died with a will and did not specifically disinherit the children, then there is a possibility of challenging the will for lack of notice or omission by mistake or inadvertence. If he died without a will, the children are in an even better position.
In either event, the other parent and possibly each child would have a claim against the estate for child support.
HOWEVER, if he is still alive and has never paid child support, it may be possible for an action to be brought for child support (only back 6 years). Therefore, the age/s of the children would be significant
I wish you well in your quest for asssistance for your children. Please feel free to contact me at 401-885-7200 if I can be of further assistance.
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