Does the biologically children have a right to any property left by the deceased spouse of their father?

Answer 1

AnswerIt depends on what was in your father's Will. He could have left something to all of you or left everything to his second wife and any children they had together. The first thing to do is contact a lawyer and get a copy of the Will. You will need this first before going onto the next step of "contesting the Will." If you have good grounds to contest the Will this could hold it up in court for months to years (depending on the value of the Estate) and usually heirs are the Will are so antsy to get their hands on monies and property they will settle out of court. You have every right to request a copy of that Will. If you are going to do this, do it immediately!

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.

Answer 2

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.

Answer 3

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.

Answer 4

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.

Answer 5

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.

Answer 6

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.

Answer 7

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.

Answer 8

If the 1st wife's property was a part of the father's estate, yes. If she died after him, no.

Answer 9

only if not excluded in a will.