You need to check the family court files in the jurisdiction where he lived or any jurisdiction where he lived since the child was born. If you were divorced, check in that jurisdiction.
In Oklahoma, if a minor's custodial parent dies, the non-custodial parent can generally assume custody. However, the court may intervene to determine the best interests of the minor, especially if there are concerns about the non-custodial parent's ability to care for the minor. It's advisable to consult with a family law attorney to navigate this process.
You would need to consult an attorney (lawyer), but probably not as the wife is no longer next of kin. When someone dies intestate (without a will) the property is managed by the state who will distribute it to the deceased's next of kin (children first, then brothers sisters - cousins etc) following the laws of the country. An ex wife is no longer really in the picture - BUT if you have had children with the husband, they will be entitled to inherit. However, an ex-wife could calaim against her deceased ex-husband's estate for child support arrears or for financial obligations in the divorce decree that were not satisfied. If you feel this applies to you, you should consult with your divorce attorney who could review your situation and determine what your options are.
Generally, a foster child can claim rights to an estate if the decedent died intestate (without a will) depending on the laws of the jurisdiction. Some states include foster children in the definition of "children" for inheritance purposes, while others may require specific legal relationships or formal adoption. It is recommended to consult with a probate attorney for guidance on specific laws in the relevant jurisdiction.
Your question is somewhat unclear. If you question whether one of the children can be left out after the parent has died the answer is no. If the father left the property to all his children then each has an undivided interest in the property and no child was disinherited. That means each has the right to the use and possession of the property. If the property is sold and there are five children, each will receive one-fifth of the net proceeds.If your question is whether a parent can disinherit a child, the answer is generally yes if the child is an adult. You must check your state laws to determine how a will must be drafted to effectively disinherit an adult child. In some states, if the will is not properly drafted, the court will decide the child was simply forgotten and will then distribute share to that child.Minor children cannot be disinherited.
The rights of a minor child in a deceased parent's estate depend on state laws and the parent's will. Typically, minor children are entitled to inherit from their deceased parent's estate, either through intestate succession laws or as specified in the parent's will. A guardian or trustee is often appointed to manage the inheritance on behalf of the minor child until they reach the age of majority. Consulting with a legal professional would help determine the specific rights of the minor child in this situation.
My husband had this happen to him..... The mother had sole custody, she died in a car accident. Father picked her up and now had sole custody of her. We called around to different attourneys to see if we had to do anything through the courts to get sole custody, and we were told that due to bio mother dying biodad instantly got sole custody. Now if he didn't want sole custody then a near relative could petition the court for sole custody. Hope that helps some.
YeS she can
The Court of jurisdiction orders the custody arrangements for the child. It is unusual for an uncle to be granted custody of the child, however he can be if the following conditions exist: 1. The mother is determined not capable or incompetent of raising the child, or, refuses custody of the minor, And 2. The father is determined not capable or incompetent of raising the child, or refuses custody of the minor, And 3. The uncle is capable of raising the minor, And 4. The Court orders that the uncle is capable, and orders custody of the child to the uncle. Visitation has to be worked out first depending on parental challenges.
paul cushing child born 1946 died 1994
Unless he was designated in the Will, but the father can also challenge.
To get full custody of your nephew , you must have very , very good reasons to take him from his rightful parents. You must prove beyound doubt that both his biological parents are not fit to look after him, and both are not fit to look after him, which is going to be hard.
Need clarification on the question. Friend and his 15 year old child mother?
Their biological father.
You or your child can only get insurance if the real dad was insured and you or your child were listed as the beneficiary.
Marriage by itself does not bring custody rights to non-biological children. Where the children go when the biological mother dies depends on who has custody, whether the non-biological father has adopted the child, whether the biological father wants the child, and on the laws of the state where all of this is happening.
Only if she did not have parental rights when the man dies. Otherwise she automatically gets custody unlesss she is unfit. It is assumed the couple was not married. In the United States an unmarried biological mother already has legal custody of her child unless her parental rights have been affected by a court order. If the child was living with the father, his family may petition for custody and in that case the mother should contact an attorney who specializes in custody issues or visit the family court and ask to speak with an advocate.
No she died of old age and raised a child during lewis and clarks' expidition.