Death After Divorce, Rights of Surviving Former Spouse w Child

[IGMJAM]

My sister recently died intestate with sole custody of a child from a previous marriage. My sister and my niece lived with my mother for the past two years. The divorce was very bad leading to criminal problems for the former husband who ended up on probation. After my sister's death, the father got an Order To Show Cause giving him immediate custody. Without warning he took the child from my mom. Now my mother is trying to become administrator of the estate to protect the child, but the surrogate says the former spouse has first right to administer the property. Can we stop him from taking the property for himself?

 

[dee_dub]

Administering the estate is not the same as taking it. When he administers the estate, he has a duty to distribute it in accordance with the laws of intestacy. Typically, a former spouse does NOT inherit on an intestacy, so he is not entitled to any share of the estate. It will likely all go to your sister's daughter. Generally, an administrator is someone entitled to a share in the estate, but since your niece is a minor, she can't administer, and her father is administering on her behalf. If there is no-one else entitled to a share in the estate who could seek to be appointed administrator, I think your only way of having him removed as administrator of the estate would be to first have someone else appointed guardian. As long as she is in his care, he is entitled to administer the estate on her behalf.