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Can a foster child claim rights to an estate if the decedent died intestate?
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∙ 12y ago
Generally, a foster child can claim rights to an estate if the decedent died intestate (without a will) depending on the laws of the jurisdiction. Some states include foster children in the definition of "children" for inheritance purposes, while others may require specific legal relationships or formal adoption. It is recommended to consult with a probate attorney for guidance on specific laws in the relevant jurisdiction.
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What rights do adopted sibling have in their sibling's intestate estate?
The rights of adopted siblings in their sibling's intestate estate depend on state laws. In general, adopted siblings usually have the same inheritance rights as biological siblings if the adoption was completed before the sibling's death. It is important to consult with a legal professional familiar with the specific state's laws to understand the exact rights of adopted siblings in intestate succession.
If a will was written prior to marriage what rights does a surviving spouse have?
In many jurisdictions, a surviving spouse may have a right to inherit a portion of the deceased spouse's estate, even if not mentioned in the will. This is usually governed by laws that protect the rights of surviving spouses. It is advisable to consult with a legal professional to understand specific rights based on the laws of the relevant jurisdiction.
What rights does a minor child have in a deceased parents estate?
The rights of a minor child in a deceased parent's estate depend on state laws and the parent's will. Typically, minor children are entitled to inherit from their deceased parent's estate, either through intestate succession laws or as specified in the parent's will. A guardian or trustee is often appointed to manage the inheritance on behalf of the minor child until they reach the age of majority. Consulting with a legal professional would help determine the specific rights of the minor child in this situation.
What rights do the children of a deceased parent have when it comes to property if the parent did not have a will and was remarried but was sole owner of real estate prior to marriage?
The rights of the children would typically depend on the local laws regarding intestate succession. In some jurisdictions, the children may have a claim to a portion of the real estate. However, the surviving spouse would usually have rights to a significant portion as well. It is advisable to consult with a probate attorney to determine the specific rights of the children in this situation.
What is a second wife's inheritance right in Oklahoma without a will?
In Oklahoma, if there is no will, the surviving second wife may be entitled to a portion of the deceased spouse's estate through intestate succession laws. The specific amount would depend on the presence of any children or other relatives and the value of the estate. It is recommended to consult with a legal professional in Oklahoma for guidance on the specific inheritance rights in this situation.
Can decedent's girlfriend have any legal rights in his estate?
A "girlfriend" has no legal rights to her "boyfriend's" estate unless he left property to her in his will. Only a legal spouse or a partner in a legal civil union have rights of inheritance. You can check the laws of intestate (without a will) inheritance in your state at the related question link below.
What rights do biological children have in the estate of a deceased parent?
Biological and legally adopted children generally have the same rights in their parent's estate if their parent dies intestate, or, without a will. Children do not inherit an interest in property that was held jointly with a surviving spouse. However, they may inherit an interest in property held solely by the decedent. You can check the laws of intestacy in your state in the related question below.
Does being informant on death certificate give person legal rights to decedants estate?
No. Rights to an estate are conferred by Will, by the laws of intestacy if there was no Will and by authority of the probate court. You cannot gain rights in a decedent's property simply by reporting their death.
Can a parent take possession of property if an adult child dies intestate?
If they have no spouse and no issue. Otherwise the spouse has first rights to the estate.
What is right of inheritance?
The right of inheritance is the legal right to receive assets or property from a deceased person. It allows for the passing on of wealth and possessions to family members or individuals designated by the deceased through a will or the laws of intestacy.
Do the contents of a house have to go through probate if the house was left to you in a Life Estate Deed?
You should consult with an attorney who specializes in probate law in your jurisdiction. If the decedent did not leave the personal property to you by a Will and there are other heirs who have rights of inheritance, the estate may need to be probated.You should consult with an attorney who specializes in probate law in your jurisdiction. If the decedent did not leave the personal property to you by a Will and there are other heirs who have rights of inheritance, the estate may need to be probated.You should consult with an attorney who specializes in probate law in your jurisdiction. If the decedent did not leave the personal property to you by a Will and there are other heirs who have rights of inheritance, the estate may need to be probated.You should consult with an attorney who specializes in probate law in your jurisdiction. If the decedent did not leave the personal property to you by a Will and there are other heirs who have rights of inheritance, the estate may need to be probated.
If someone has lifetime rights to a home and they die does the owner of the property have any right to go into the home and take any of its contents?
If the property inside the home was the sole property of the decedent the property will pass according to the decedent's will or by the laws of intestacy if the decedent died intestate or without a will. You can check the laws of intestacy at the related question link provided below.
What rights does wife have to inheritance of husband in state of texas?
Intestacy in Texas: Decedent had no will(b) Intestate Leaving Husband or Wife.Where any person having title to any estate, real, personal or mixed, other than a community estate, shall die intestate as to such estate, and shall leave a surviving husband or wife, such estate of such intestate shall descend and pass as follows:1. If the deceased have a child or children, or their descendants, the surviving husband or wife shall take one-third of the personal estate, and the balance of such personal estate shall go to the child or children of the deceased and their descendants. The surviving husband or wife shall also be entitled to an estate for life, in one-third of the land of the intestate, with remainder to the child or children of the intestate and their descendants.2. If the deceased have no child or children, or their descendants, then the surviving husband or wife shall be entitled to all the personal estate, and to one-half of the lands of the intestate, without remainder to any person, and the other half shall pass and be inherited according to the rules of descent and distribution; provided, however, that if the deceased has neither surviving father nor mother nor surviving brothers or sisters, or their descendants, then the surviving husband or wife shall be entitled to the whole of the estate of such intestate.You can read the entire statute at the related link.Intestacy in Texas: Decedent had no will(b) Intestate Leaving Husband or Wife.Where any person having title to any estate, real, personal or mixed, other than a community estate, shall die intestate as to such estate, and shall leave a surviving husband or wife, such estate of such intestate shall descend and pass as follows:1. If the deceased have a child or children, or their descendants, the surviving husband or wife shall take one-third of the personal estate, and the balance of such personal estate shall go to the child or children of the deceased and their descendants. The surviving husband or wife shall also be entitled to an estate for life, in one-third of the land of the intestate, with remainder to the child or children of the intestate and their descendants.2. If the deceased have no child or children, or their descendants, then the surviving husband or wife shall be entitled to all the personal estate, and to one-half of the lands of the intestate, without remainder to any person, and the other half shall pass and be inherited according to the rules of descent and distribution; provided, however, that if the deceased has neither surviving father nor mother nor surviving brothers or sisters, or their descendants, then the surviving husband or wife shall be entitled to the whole of the estate of such intestate.You can read the entire statute at the related link.Intestacy in Texas: Decedent had no will(b) Intestate Leaving Husband or Wife.Where any person having title to any estate, real, personal or mixed, other than a community estate, shall die intestate as to such estate, and shall leave a surviving husband or wife, such estate of such intestate shall descend and pass as follows:1. If the deceased have a child or children, or their descendants, the surviving husband or wife shall take one-third of the personal estate, and the balance of such personal estate shall go to the child or children of the deceased and their descendants. The surviving husband or wife shall also be entitled to an estate for life, in one-third of the land of the intestate, with remainder to the child or children of the intestate and their descendants.2. If the deceased have no child or children, or their descendants, then the surviving husband or wife shall be entitled to all the personal estate, and to one-half of the lands of the intestate, without remainder to any person, and the other half shall pass and be inherited according to the rules of descent and distribution; provided, however, that if the deceased has neither surviving father nor mother nor surviving brothers or sisters, or their descendants, then the surviving husband or wife shall be entitled to the whole of the estate of such intestate.You can read the entire statute at the related link.Intestacy in Texas: Decedent had no will(b) Intestate Leaving Husband or Wife.Where any person having title to any estate, real, personal or mixed, other than a community estate, shall die intestate as to such estate, and shall leave a surviving husband or wife, such estate of such intestate shall descend and pass as follows:1. If the deceased have a child or children, or their descendants, the surviving husband or wife shall take one-third of the personal estate, and the balance of such personal estate shall go to the child or children of the deceased and their descendants. The surviving husband or wife shall also be entitled to an estate for life, in one-third of the land of the intestate, with remainder to the child or children of the intestate and their descendants.2. If the deceased have no child or children, or their descendants, then the surviving husband or wife shall be entitled to all the personal estate, and to one-half of the lands of the intestate, without remainder to any person, and the other half shall pass and be inherited according to the rules of descent and distribution; provided, however, that if the deceased has neither surviving father nor mother nor surviving brothers or sisters, or their descendants, then the surviving husband or wife shall be entitled to the whole of the estate of such intestate.You can read the entire statute at the related link.
In Florida if not legally married at death what estate benefits change for survivor?
If not legally married you have no rights or benefits of inheritance unless the decedent named you in their will.
Is a non biological non adopted child entitled to an estate?
Since this is the adoption category I assume you mean not the biological grandchildren but foster kids who have never been adopted. And no, they have no right at all to anything their foster family leaves behind unless they are mentioned in the will. If you mean biological children they inherit their parents who in their turn inherit their parents, your grandparents. So unless the grandchild is mentioned in the will or the parents are deceased, the grandchild will not inherit the grandparents.
How do you establish your rights as the heir to your deceased mother's mineral rights?
You need to consult with an attorney who specializes in property law and probate law who can research and document your father's mineral rights and then probate his estate to make certain those rights pass to you legally.
What rights do adopted sibling have in their sibling's intestate estate?
The rights of adopted siblings in their sibling's intestate estate depend on state laws. In general, adopted siblings usually have the same inheritance rights as biological siblings if the adoption was completed before the sibling's death. It is important to consult with a legal professional familiar with the specific state's laws to understand the exact rights of adopted siblings in intestate succession.
