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It depends upon the laws of the state in which the person resided at the time of death. In many states where a will does not exist the surviving spouse "automatically" becomes sole owner of all personal and real property aquired during the marriage. Other states have laws in which the children of the deceased parent receives a portion of the estate when no will exist.

The best option is to contact an attorney who practices in the field for information regarding the governing state laws.

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11y ago
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14y ago

right after he passes away, unless they caused it.

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Q: Do biological children have a right in the estate of their mother over a stepfather?
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