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What happens if a surviving step-mother refuses to give assets to the children of the deceased as decreed in the deceased's will?
Wiki User
∙ 11y ago
She is interfering with the distribution of the estate. She can be sued.
Wiki User
∙ 11y ago
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Parents willed estate to surviving children does this exclude deceased children?
If the exact wording is "to my surving children", then all other children who predeceased the testator or out.
Are children of deceased given priority over mother of deceased?
Yes, children have priority over the mother of the deceased. They are the descendants it get priorty second only to a surviving spouse. Even without a will the spouse will come first, then children. Parents are next, then siblings.
Does property and estate automatically transfer to the surviving children if the deceased did not have a will in the state of Texas?
In Texas, if a person dies without a will, their property will be distributed according to intestacy laws. This typically means that the property will pass to the surviving spouse and children in varying shares depending on the family situation. If the deceased had no spouse but had children, then the property would likely pass to the surviving children.
Can the surviving spouse's wages be garnished for the deceased spouses medical bills?
No - the surviving spouse is not liable for the deceased person's bills !
Who is considered next of kin of a deceased person?
Next of kin, if you are not familiar with the term, just means the closest relative. If there is a surviving spouse, that is the next of kin. If there is no surviving spouse, then surviving children or surviving parents, failing that, a surviving sibling, then we go to aunts and uncles, cousins, nieces and nephews.
Are the surviving children responsible for paying off their own debt backed by the estate of the deceased?
The estate is responsible for paying off the bills of the deceased, first and foremost. Surviving children should not have access to the funds until the estate is settled. If the children are minors, the court will appoint a guardian and will usually advance living expenses to insure they aren't without money and a place to live.
How can the descendants of deceased children whom committed suicide be excluded from the inheritance if there is no will?
Generally, when a person dies intestate their property descends to their spouse and children. However, in certain states the surviving spouse inherits all the property. In the states where the surviving spouse AND children inherit, the children of any deceased child would take their parent's share. You can check the laws of your state at the related question link provided below.
What is the law in the state of Ohio with reference to a surviving spouse receiving the estate when there is no will?
It will depend on whether there are children or not. In most cases the estate is split between any children of the deceased and the spouse.
Do the mother of the deceased have a right to a life insurance if the other surviving heir is an underage child?
It depends on the legislation of the country. Normally the spouse and children take precedence. An under age child of the deceased would take precedence over the mother of the deceased.
Are you the surviving spouse even if your were not cohabiting with your spouse at the time of death?
If the person was still legally married to the deceased he or she is still considered a "surviving spouse". However, the extent to which claims are made upon the estate of the deceased or the responsibility of the surviving spouse for debts owed by the deceased is determined by state laws and/or the probate court.
Are surviving children in Pennsylvania responsible for paying the mortgage debt of deceased parents?
The children are not directly responsible in Pennsylvania. The estate is responsible to settle all the debts. Until these have been paid, the children are not entitled to receive anything.
If property was owned by deceased spouse prior to marriage what is the property rights of the surviving spouse with no will?
Typically the spouse inherits the entire estate unless there are children involved.
