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My son died, never married but had 2 small children, he was going through a custody dispute at the time of his death. We have temporary guardianship of the children, fighting for permanent guardianship. He had no real estate, 2 cars, was working and had a paycheck but very little cash. He had an IRA but I don't know where, it was brand new. We have a guardianship lawyer but not sure what to do about probate, they don't handle that. The mother is fighting for the estate as well. Not sure what our rights are or for the kids. They should get social security but she may be collecting it already. She is planning to move out of state immediately.
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The minor children are entitled to Social Security Survivor's Benefits based on their father's work record. You can find out how to apply at www.ssa.gov. There is also a $255 death benefit. The pending guardianship matter will continue to be handled where the children are. If she has not seen them for six months and is moving out of state, she is likely to lose her parental rights An IRA which names designated beneficiaries passes to them on presentation of a death certificate. If the IRA did not name designated beneficiaries and passes to the estate, the cost of probating the estate may be more than the amount in the IRA. The DMV may have Affidavit of Heirship forms but unless the cars are worth selling, there may be no point in filing them. It is not clear what the mother is fighting for or whether she would be able to prove that she was in an informal marriage and would inherit it. You could discuss this with a local probate lawyer.
Answered on Feb 20th, 2020 at 5:26 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.