Legal Question in Wills and Trusts in Texas

death benefits for children after a divorce,

my ex husband passed last nov. what rights do his children have to any of his assets when there was a new wife involved? some tell me to let it all go, and some tell me i should go after her on behalf of my children.i dont know what rights minor children have as far as death benefits. what would you suggest?

Asked on 2/28/01, 12:36 am

2 Answers from Attorneys

Joe Gregory Gregory & Gregory

Re: death benefits for children after a divorce,

Children from a prior marriage do inherit from their natural parent on death. However, their right to inherit from their deceased parent would be overridden in the event the deceased parent executed a will. If a valid will has been executed, then whatever property was owned by the deceased parent would be distributed in accordance with the provisions of the will.

If there is no will, then the natural and adopted children would inherit from the deceased parent. Their inheritance rights are dependent on the character of the property owned by the parent on death. Their interest in community property (that property generally acquired during the marriage) is different from their interest in "separate property" (that property generally brought into the marriage.)

I would recommend that you try to find out whether or not the children's father had a will. If he had a will, it will usually be offered for probate in the county where he lived when he died. If a will has been filed, then you would be entitled to read the terms of the will to determine whether or not he left any property to his children. If no will is on file, then I would recommend that you contact an attorney for further discussions about the property owned at the time of death.

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Answered on 4/24/01, 9:17 am

Paul Sherman Paul A. Sherman

Re: death benefits for children after a divorce,

While children of a divorce do have a right to inherit in Nevada, you left out some important information.

Where did your ex die, and is his will in Nevada?

Feel free to contact me at

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Answered on 4/24/01, 10:08 am

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