Estate/child support


#1

I’m not certain about this but my stepmother went through this a couple of years ago when her father passed. Her father was remarried also and his Will stated that his wife, my stepmother’s stepmother had living rights to the home and land and afterwards it would go to the church. My stepmother, aunt and uncle were not mentioned and did not get anything. I am not sure about minor children and a portion of the estate but they may be entitled to his social security…

I do not think a stepparent can not be made to pay child support just due to getting visitations. I do not think they have to legally be allowed visitations. With the death of a parent, I would think it would depend on how close the relationship is with the child and stepparent and what the adults can work out between them…


#2

I’m not sure if you have seen my other posts. She kept my son from me for months prior to my ex dying and then refused to let me have him when he died.

I filed court papers to have my out of state order enforced and a judge denied it and let her keep him. My husband is a deputy sheriff. I have never broken a law or done anything wrong…no drugs, etc.

She served me with papers that day in court sueing me for full custody and child support. I wanted my son home…as a trial would have been put off until probably Nov or Dec and my son was going to be a freshman in high school. I didn’t want him to have to change schools once school had started.

I had to agree to her seeing him every other weekend or she wouldn’t give me my son. I had even taken the police / sheriff officers out there with me when trying to get my son back. Everyone in this small town knows my ex’s family and the stpmom’s family. I can’t get any attorney to help me and would like to get the jurisdiction changed but don’t know how

I would have cut my arm off if they had asked me. They had already violated our previous court order where my son was to come home and live with me in June 2005. We moved across country so they could see my son more often and then they lied and didn’t let him come home.


#3

Don’t pay that woman another dime of child support. Next time he comes to visit, don’t return him. We have been told there is nothing the police can do if the child refuses to come out of the house.
mathkittycat


#4

Agreed. That is your son and unless your ex was going for custody prior to his death then there is not much the stepmother can do. If you have not been court ordered to pay child support, do NOT pay child support. If you have not been court ordered to turn over custody then custody is yours. If you signed an agreement to let her have visitations every other weekend then your son should be in your care other than those 4 days a month.

I’m curious as to what an attorney thought they were going to accomplish taking on a custody case for a stepparent…maybe an attorney will answer on this one…?


#5

Pamela,

You would need to speak to an attorney who handles estates or wills to find out about your sons entitlement to a portion of his father’s estate.

It is possible that you may be able to get child support from your son’s stepmother if the court determines that they are standing “in loco parentis.” The likelihood of this depends on the specific facts of your case.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#6

Where do you find information about a child’s right to a portion of the estate? Is a minor child entitled to anything from his father’s estate if father was remarried?

What about child support? If stepmom has visitation of every other weekend can she be made to pay support?