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Four children inherited an estate and one of them died prior to the estate being settled. Does his portion pass to his children or to his surviving siblings?
Wiki User
∙ 13y ago
Generally, if Harry survived the testator then died, Harry's portion of the estate becomes part of the Harry's estate. It will pass according to the provisions in Harry's will or according to the laws of intestacy to Harry's surviving spouse and children. You can check the laws of intestacy for your state at the related question link provided below.
Wiki User
∙ 13y ago
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In the state of Alabama what happens if i die intestate with three surviving children?
the surviving spouse receives an equal portion as each child.
Can you gift a portion of the life insurance proceeds you inherited to your siblings?
Yes, you can use the life insurance benefits whichever way you see fit.
Does property and estate automatically transfer to the surviving spouse if the deceased did not have a will in the state of Massachusetts?
The governor of Massachusetts signed into law on January 28, 2009 a new probate code. The new code provides that the surviving spouse gets the entire estate as long as there are only children OF the marriage. The effective date of that section has not yet been found but it will be July 1, 2009 or later. The present probate code provides that the children receive a portion and if there are no children then the decedent's parents or siblings. You can read that section for intestate succession at the link below.
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.
How can you claim a surviving child get property inheritance if there was no will?
In the absence of a will, laws of intestate succession govern property distribution. Typically, surviving children would inherit a portion of the estate based on state laws. The exact distribution would depend on factors such as the number of children, spouse's rights, and other relatives.
What is the percent of a trust belongs to spouse when the spouse passed away and has children?
The percentage of the trust that belongs to the surviving spouse when the spouse passes away and has children can vary depending on the terms of the trust. In some cases, the surviving spouse may be entitled to a portion of the trust assets, while the remaining assets may pass to the children. It is important to review the trust documents and consult with an estate planning attorney to determine the specific distribution.
What happens to a beneficiaries portion if he dies before his mothers estate can be distributed and he has no wife or children?
It goes into his estate. That will then be handled per the jurisdiction's intestacy law. Siblings and parents are next in line.
If your deceased mother had life insurance and all of her children are listed as beneficiaries can the one brother who is conservator claim the monies for all the siblings?
If the exact language on the policy is "all her children" then no, the benefit will be split evenly between all of her living children. They will each receive a check for their portion of the benefit.
What is a dowar?
Dower is the surviving wife right to a portion of the husband's estate when he dies. It is currently called statutory share.
Is a wife a heir?
Yes. Most inheritance laws make the surviving spouse an heir to a major portion of an estate if there is no will.
What is a wife entitled to if you are married in Oklahoma?
Both partners are entitled to fidelity, respect and mutual support. In addition a surviving spouse is entitled to a portion of their spouse's estate. You can read the law of intestacy for Oklahoma at the related link.Both partners are entitled to fidelity, respect and mutual support. In addition a surviving spouse is entitled to a portion of their spouse's estate. You can read the law of intestacy for Oklahoma at the related link.Both partners are entitled to fidelity, respect and mutual support. In addition a surviving spouse is entitled to a portion of their spouse's estate. You can read the law of intestacy for Oklahoma at the related link.Both partners are entitled to fidelity, respect and mutual support. In addition a surviving spouse is entitled to a portion of their spouse's estate. You can read the law of intestacy for Oklahoma at the related link.
If property was owned by deceased spouse after marriage what is the property rights of the surviving spouse with no will?
In a common law jurisdiction, the surviving spouse may have the right to a portion of the deceased spouse's property through intestacy laws. This varies by jurisdiction, but generally the surviving spouse will receive a portion of the estate, with the remainder distributed to other relatives according to the laws of intestate succession. It's recommended to consult with a lawyer to understand specific rights in your location.
