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Generally, you would be considered an heir at law only if you were legally adopted and only to the extent provided by the laws in your jurisdiction unless you are mentioned as a beneficiary under the will.
In New Jersey even if you were not adopted you would be entitled to a share of your stepfather's estate only on the slight condition that there is no will, no surviving spouse or domestic partner, no surviving descendants and no surviving grandparents or descendants of grandparents. NJSA 3B:5-4(f).
This statue does not make stepchildren heirs at law on a par with natural and adopted children. Natural and adopted children (and their descendants) will still take to the exclusion of stepchildren. It merely saves an estate from escheating to the state in absence of heirs at law and gives it to stepchildren rather than to the state.
What else can I help you with?
Are step children entitled to money in a will if divorce has taken place and the will has never been changed?
No, step-children are not entitled to money from a step-parent unless specifically named in the will. If their parent inherits from a will, they might be entitled to inherit from their parent's estate. However, most divorces include a statement that any will written prior to the divorce is considered null and void as it pertains to the spouse.
What is the sole beneficiary of a will entitled too?
The sole beneficiary is entitled to any assets remaining after the estate has been probated and the debts of the estate have been paid.
When a parent dies and a step parent is living in the home what rights do the step children have if any to get their parent's property?
Generally, a step-child has no inheritance rights unless they were legally adopted by the decedent. You should consult with the attorney who is handling the estate or with an attorney who specializes in probate in your particular jurisdiction if you think you may have any claim.
Can children from first marriage claim estate?
They can certainly claim a portion of the estate. They are entitled to it as much as any other descendants. And in most cases if there is no will, there is a portion of the estate that they get.
Is a child entitled to a per cent of someones estate?
In the United States a minor child is entitled to a portion of a deceased parent's estate. In some states an adult child is entitled to a statutory portion of the estate of a parent who died intestate. Any child who is next-of-kin to someone other than their parent would be entitled to a share of an intestate estate. You would need to be more specific and check your state laws.
My father died without a will Mom left him 15 years before Mom is selling house Does the money go to half hers and the other half divided between his children and step children whom he didn't adopt?
Was her name still on the deed? Technically only the executor of the estate can sell the house. If they were still legally married, yes, she is entitled to part of the estate. Her children that were not his children, would not be entitled to any share of the estate.
Should family pay for any bills in my FATHERS name?
The father's estate is responsible for the bills.
Your step father contacted you saying his father died and his children were named in his will to receive the interest from some land his father owned You are 36 and he how do you find out what is mine?
Your step father's father died and you think you are entitled to something? Did your step father adopt you? If he didn't adopt you, there is probably no entitlement, unless you were specifically named in the will. The executor of the estate, who may be your step father, will have to show the courts that he distributed the estate as the will specified. If you are in the will, you are entitled to be able to read it. If you are not in the will, and were not adopted, they don't have to share it with you.
In NC is the step grandchildren of an heir entitled to to his share of the sale of estate property?
It depends on what the will says. It must specify that natural grand children and step grandchildren are to be treated the same in order for the step grandchild to get any inheritance. The question seems to indicate that the inheritor is still living and is garnering assets bu being named a beneficiary of a will. If such is the case, the named party is not legally bound to share an inheritance with anyone unless said inheritor is married and lives in a community property state. Be that as it may, as noted stepchildren or grandchildren would have to be named in a will as recipients before they would be entitled to any assets or property. The law considers such persons as being "removed from the bloodline" and would only be considered under probation succession laws if there were no other surviving blood relations.
When your named executor of your fathers will can a stepmother sell any part of an estate?
Not unless she holds title as a surviving owner.
You are a minor are you responsible for your deceased fathers debt?
Your father's estate is responsible for his debts. If he owned any assets when he died his estate must be probated. You should speak with an attorney.
What do you file if your sister wants to give up her rights to your fathers estate?
If your father is deceased, it is a refusal to accept any proceeds.
