All many times when a parent dies that's minor children, the custodial parent loses on child. This is unfortunate but likely to handled in the probate intending to. However, time is an issue. The parent who mug handles the child or heirs should be vigilant to be sure that child is paid however the obligated parent is dead.
First of all, under Minnesota Law your ex to is entitled to maintenance paid pertaining to your probate estate having a minimum of 18 months after the domain name of parent's death.
Secondly, in case there is child which is late, the custodial parent for the child may wish to produce a claim on the estate for any unpaid child.
Furthermore, a divorce decree may contain contract obligations that the deceased parent's estate may owe to the current child or to the previous spouse. This could include real estate property settlements or obligations that the decedent had agreed attempt or was ordered to perform into your divorce process.
The surviving parent should look carefully at the divorce decree for small print that may be enforced while in the probate proceedings. Possibly even more significant is that often point that the child may could be enough a significant part along at the estate of the dearly departed parent.
However, the child and their particular custodial parent should not wait around expecting the probate court to locate the child and the actual child an inheritance or financial rights beneath the Probate Code. Indeed I have snared situations where greedy in addition vengeful inlaws will forget or even deny the presence of a child to be able to claim the deceased father's or mother's estate.
When a parent dies when using a minor child who weren't living with the expended, that child's other parent should make contact with a probate attorney immediately to safeguard the child's rights to and their particular inheritance.
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