NSW Who has the rights in this scenario

[Michelle Elisabeth]

I've ended up in a messy situation and yes I will be seeking legal advice but for now I'm after some sort of peace of mind..
the scenario is .. my ex husband has ended his life recently ..
Left behind is myself ( not divorced from him ) and we have 4 children , 19,16,9,7 yrs old .. he left us 7 yrs ago

A defacto , been with her 7 years and broke up with him two days before he passed , no children together

And two children from a defacto before me, they are in their 20's

There is supposedly some assets left behind , the two woman are already staking claims on them, I'm told I should have a right over them as never divorced. I don't want anything as it feels dirty to me , but for my 4 kids it could help pay their uni fees and schooling.

The first ex keeps calling and telling me her kids have more rights over us ??
And who should be next of kin ??
No idea about a Will , which is why I need legal advice
Do kids have ranks in order of importance.. eldest gets a bigger share than the youngest etc.
like I said I'd walk away and if this is too messy I'm out, but I need to see what's involved before making that decision..
Thoughts ??

 

[winston wolf]

Hi Michelle
Well you have a mess on your hands. All the people de facto's and you have a claim on the estate to varying degrees.
If there is no will then the division of the estate is decided by the rules of intestacy in your state. NOTE Superannuation is not part of the estate and normally is decided by the superannuation trustee unless there are binding nominations.

If there is a will or not a "Family Provision Claim" can be made and the court can distribute the estate on a needs basis. This is expensive and the cost can eat up most of an estate if it is not very big.
"The first ex keeps calling and telling me her kids have more rights over us ??" NO
"And who should be next of kin ??" I think the wife - you
"DO kids have ranks in order of importance.. eldest gets a bigger share than the youngest etc. " Based on need if FPA claim made. otherwise equal.

 

[winston wolf]

About intestacy
Who can inherit

 

[Michelle Elisabeth]

Hi Michelle
Well you have a mess on your hands. All the people de facto's and you have a claim on the estate to varying degrees.
If there is no will then the division of the estate is decided by the rules of intestacy in your state. NOTE Superannuation is not part of the estate and normally is decided by the superannuation trustee unless there are binding nominations.

If there is a will or not a "Family Provision Claim" can be made and the court can distribute the estate on a needs basis. This is expensive and the cost can eat up most of an estate if it is not very big.
"The first ex keeps calling and telling me her kids have more rights over us ??" NO
"And who should be next of kin ??" I think the wife - you
"DO kids have ranks in order of importance.. eldest gets a bigger share than the youngest etc. " Based on need if FPA claim made. otherwise equal.

Thank you so much , these people have been out of my life for 7 years and my kids and I have moved on successfully, it's all really confronting having it all there again , I think by the sounds of what you have said , I should see what there is and if it's worth the hassle.
Funnily enough a super form came in the mail yest and I had a look and I'm still listed as beneficiary 100% but guessing it can be protested , does a suicide counteract against a claim ?

 

[winston wolf]

Cause of death makes no difference unless insurance is involved. I would expect your children to have the strongest claim.