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Yes. They would inherit according to the laws of intestacy in the state where he lived. You can check the laws for that state at the related question below.

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15y ago
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6h ago

Laws regarding inheritance vary by jurisdiction, but generally, estranged children can still be entitled to claim a portion of their father's intestate estate if they are able to establish their legal right to inheritance. However, this may depend on factors such as the laws of the specific jurisdiction, any existing wills or legal documents, and the nature of the estrangement. It is advisable to seek legal counsel for guidance specific to the situation.

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Q: Can estranged children claim fathers intestate estate?
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Can estranged husband claim on intestate if his name is still on house deeds?

An estranged husband is married and he has all the rights of a surviving spouse if his wife dies. He will inherit an intestate estate according to the laws in the jurisdiction. He will become the sole owner of any property owned by survivorship with his wife if she dies.


Should I have petitioned the probate court as a legal heir to claim my portion of fathers estate who died intestate?

Yes.


Who inherits in an intestate Estate in Virginia?

It is set by law. Typically it will be the spouse, followed by the children.


Is biological son entitled to a share of fathers estate when there is no will in the state of Colorado?

You can check your state laws of intestacy at the link provided below. Choose your state then click on "Read the text". Generally in Colorado the distribution of an intestate estate with a surviving spouse and children depends on whether the surviving children are also the children of the surviving spouse.


What are the distribution of estate funds to a surviving spouse in Virginia?

Virginia Code:64.1-1. Course of descents generally.When any person having title to any real estate of inheritance shall die intestate as to such estate, it shall descend and pass in parcenary to such of his kindred, male and female, in the following course:First. To the surviving spouse of the intestate, unless the intestate is survived by children or their descendants, one or more of whom are not children or their descendants of the surviving spouse, in which case two-thirds of such estate shall pass to all the intestate's children and their descendants and the remaining one-third of such estate shall pass to the intestate's surviving spouse.That means the surviving spouse receives the estate unless the decedent had children that were not also children of the surviving spouse. If there are children from a previous marriage the surviving spouse receives one-third.


What does intestate estate mean?

That there was no will.


Our father died intestate our mother is deceased and father had one child from a prior marriage. How will his estate be distributed?

All your father's children are entitled to an equal share in his estate. You can check the laws of intestate distribution at the related question link provided below.


Does Mississippi have an intestate estate law?

Yes. You can read the text for who inherits in an intestate estate in Mississippi at the related question link below.


Can you be the hier of your step-great grandmother's estate who died without a will?

Step relatives are generally not legal heirs at law in an intestate estate (without a Will).Step relatives are generally not legal heirs at law in an intestate estate (without a Will).Step relatives are generally not legal heirs at law in an intestate estate (without a Will).Step relatives are generally not legal heirs at law in an intestate estate (without a Will).


What is the law of children over a second spouse when parent dies?

In most intestate cases, the children are entitled to half the estate. Consult an attorney in your jurisdiction.


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.


Can you be the hier of your step great grandmother's estate without a will?

Step relatives are generally not legal heirs at law in an intestate estate (without a Will).Step relatives are generally not legal heirs at law in an intestate estate (without a Will).Step relatives are generally not legal heirs at law in an intestate estate (without a Will).Step relatives are generally not legal heirs at law in an intestate estate (without a Will).