If a will states husband gets all tangible personal property of domestic or personal use, insurance policies, and also the residuary property. Is there any way to determine if the minor children have been taken care of via a trust ? This husband is not the father of the minor children.
Sounds like the will provides everything to the husband. Keep in mind the will is only probate assets (i.e., assets governed by the will and subject to probate). Many people have lots, if not most, of their assets pass by beneficiary designations or title. For example, IRAs, pensions and insurance pass on death to the named beneficiary (could be the kids). Title to assets might include a POD (pay on death) account, joint account, or other titled asset so that on mother's death the assets transfer to one or more children, and not to the new husband under the will. There might be trusts that the mother formed during her life for the kids. In fact, in many second and later marriage situations a combination of these techniques is often used to avoid disputes and hurt feelings. What happened in the situation your discussing is not clear. Ask the accountant preparing estate tax returns for a copy. They might indicate what happened with all assets. The attorney who prepared the deceased mother's estate plan might know. Alternatively, consult with an estate attorney or litigator to find what is going on.
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