My father past away he didn't leave a will now he was concise red common law married but were separated for 3 months before his passing she ...

Question

My father past away he didn't leave a will now he was concise red common law married but were separated for 3 months before his passing she also got a permanent restraining order against him and now she is keeping all his assets is there anything we as his children from another marriage can do to receive some of his assets

Answer

Yes. First, she would have to prove she is his common law wife. Second, even if she is his common law wife, the children of the first marriage are still entitled to a share of his assets. You will need to open probate to do so. I offer a free initial consultation if you want to call me to discuss your situation further. I hope this helps.