If he did not have a will, states have estate laws on intestacy which means the person died without a will. Depending on your state, children may have up to half of the father's real property and half of personal property, and wife having dower rights. Those dower rights vary state to state, and some states have community property laws as well. I would seek the professional advice of an attorney that deals with estates and trusts and at least do a consultation. You can also search on the web for estate laws specifying your particular state and read their statutes.
The laws vary from state to state. Part of it will depend if there is anything in his estate that came from the mother of the child. Your state may have laws that give a child rights, even if they are an adult. Check with a probate attorney in your state to find out what the laws are.
It depends on the situation. If there is a will, the will determines. If there is no will the law of the jurisdiction (state in the US) will determine. In many cases the children from the first marriage are entitled to half the property if there are no children from the second marriage. Consult a probate attorney in your jurisdiction.
If your step mother was the surviving owner of all their marital property then it would pass to her own heirs upon her death. You haven't stated whether your father's estate was probated nor when he died. You may have a right of inheritance if he owned property in his own name when he died. That depends on the laws in your jurisdiction.
You should consult with an attorney who can review all the details of your situation and explain your rights and options.
If your step mother was the surviving owner of all their marital property then it would pass to her own heirs upon her death. You haven't stated whether your father's estate was probated nor when he died. You may have a right of inheritance if he owned property in his own name when he died. That depends on the laws in your jurisdiction.
You should consult with an attorney who can review all the details of your situation and explain your rights and options.
If your step mother was the surviving owner of all their marital property then it would pass to her own heirs upon her death. You haven't stated whether your father's estate was probated nor when he died. You may have a right of inheritance if he owned property in his own name when he died. That depends on the laws in your jurisdiction.
You should consult with an attorney who can review all the details of your situation and explain your rights and options.
If your step mother was the surviving owner of all their marital property then it would pass to her own heirs upon her death. You haven't stated whether your father's estate was probated nor when he died. You may have a right of inheritance if he owned property in his own name when he died. That depends on the laws in your jurisdiction.
You should consult with an attorney who can review all the details of your situation and explain your rights and options.
Assuming that deceased spouse is not the biological parent of the children they would inherit from her estate only if she had legally adopted them. You can check the laws of intestacy in your state at the related question link below.
If their father died intestate, without a will, they may have an interest depending on the state laws. However, in many states the surviving spouse takes all. You can check your state laws at the related question link provided below.
If your step mother was the surviving owner of all their marital property then it would pass to her own heirs upon her death. You haven't stated whether your father's estate was probated nor when he died. You may have a right of inheritance if he owned property in his own name when he died. That depends on the laws in your jurisdiction.
You should consult with an attorney who can review all the details of your situation and explain your rights and options.
If the 1st wife's property was a part of the father's estate, yes. If she died after him, no.
only if not excluded in a will.
You need to go to a law library in your jurisdiction and read the law. It will tell you when it became effective.
If all assets were held by the couple as joint property with the right of survivorship then full ownership of the property passed to the father's companion when he died. The children would be entitled only to property owned by their father in his own name alone. Any such property would pass to his children under the state laws of intestacy if he died without a will.
If the property was in your mother's name alone and she died intestate the property would pass according to the laws of intestacy in your state. The children may be entitled to a portion. You can check your state at the link below.
In general, children from a second marriage do not inherit rights or assets from the estate of their parent's previous deceased father. However, laws vary by jurisdiction, so it's important to consult with a legal expert to understand specific rights related to inheritance and estate laws in your region.
If the property was conveyed to a sister by deed from her father then she is the owner of the property regardless of whether the father is living or deceased. Deeds have no other "meaning" except to convey property to the grantee on the deed unless other intentions are clearly stated in the deed. Father should not convey the property to one child if he really wants all his children to share in the property. By executing a deed to one child he is telling the world his intention is to transfer ownership to her alone. If father is deceased, unless you have written proof that your father intended that your sister was to hold the property in trust for all his children then you are out of luck. The grantee on a deed is the owner of the property unless there is written evidence convincing enough to persuade a judge to rule that others have an interest in the property.
Yes. Under Hindu Marriage Succession Act, all children married or unmarried have a right to the property of a deceased person.
I don't know what country you're talking about but there is no such law in the US. When a person dies, his or her property will be left to whomever is named to receive the property in the will. if there is no will, the property will go to the spouse. If there is no spouse, the property will be inherited equally by all children of the deceased. If there are no children, no spouse, and no will, then I'm not sure.
It would depend on the specific inheritance laws in the jurisdiction where the deceased father and stepmother resided. Generally, children from a previous marriage may have a legal claim to a portion of the deceased stepmother's estate if she did not have a will. It is advisable to consult with a probate attorney to determine the children's rights under the relevant laws.
My father is deceased my mother used quitclaim deed to sell property what about the kids do fathers interest pass to kids
The answer depends on whether your father's estate was probated and who owns the property now.
What does the will say? Who is executor of the estate? Were any plans made by the deceased?
children