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This is the reason a will is so important for anyone who not a minor. It should be redone as soon you get married, have children and perhaps change it every 5 years after that. It varies from state to state. If there was not a will that listed the new wife, most states are going to protect both parties. Your father's new wife will get half the estate and his children, particularly if they are minors, will divide up the remaining half. Naturally, debtors and the government get their share. If you were not named as heirs in your father's will then it's up to your step-mother as to what she gives his children. But this could be a case where the will could be contested, citing undue influence. As always, consult a probate attorney in your jurisdiction for specifics.

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Q: What are the rights of the natural heirs if their father was married to his wife for just a few weeks before he passed away?
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