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What rights do children of deceased parent have if they are not mentioned in will?
Wiki User
∙ 11y ago
You need to check the laws in your particular state since state laws vary regarding the drafting of wills. In some states a child need not be mentioned in a will and the disinherited child can do nothing except try to challenge the technical validity of the will. In some states the testator must mention in the will that they have intentionally omitted their child(ren) or the will can be vulnerable to challenge. A minor child cannot be disinherited.
If you have further questions you should consult with an attorney in your area who specializes in probate law.
Wiki User
∙ 11y ago
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In the state of Wisconsin do step parents have rights to step children if the custodial parents have fifty fifty custody and placement?
A step parent does have some rights, but they are extremely limited. In Wisconsin, step parents do have rights regarding day to day care, BUT their rights are subject to the wishes of the biological parent that they are married to. As regards parental rights, a step parent is not considered a parent, but a legal guardian. In all major decisions (custody) or major events, a step parent does NOT have rights, nor can they contest a parent's rights in court unless they can prove a danger to the child would occur. In fact, a step parent who interfears with a biological parent's rights in any way can be held in Contempt for doing so. In ALL matters regarding the children, the rights of the step parent is ALWAYS trumped by either biological parent, unless a judge interseeds. In joint custody arrangements, both parents have equal rights, no one parent is above the other, no matter who has the children more, and a step parent cannot be a tie-breaker unless both parents agree. Only a judge, federal law, or state law can overrule or remove a biological parent's rights. The bottom line is the rights of a step parent in Wisconsin are VERY limited and are always subject to the biological parents.
When you have a child will he receive the Social Security benefits that you receive?
Biological children can be eligible for survivor benefits when are of minor age and a parent dies. The termination or relinquishment of parental rights does not always relieve the requesting parent of financial obligations to his or her children, unless those children have been legally adopted. Whether or not a minor child qualifies for SS or SSI benefits would depend upon the individual's circumstances.
Does the step parent have guardianship of step children after marriage?
Unfortunately they don't, even when you are married. If the other parent has died, then you can apply to be guardian of the children, where you would then get rights. Or if the other parent couldn't look after then children, the same could happen.
What is the legal rights of a step parent in Wisconsin when it comes to kids schooling?
Step-parents have no "legal rights" regarding their step children unless they have been legally adopted.
Custodial parent denies Noncustodial parent visitation rights in Mississippi?
Unless visitation rights for the non-custodial parent were allowed in the divorce paperwork, the custodial parent is completely within their rights to deny the non-custodial parent visitation....however, the non-custodial parent may sue for visitation rights.
What if the deceased parent is not remarried but divorced with children over 21 what rights does the children have to personal property?
Why should adult children have any rights to the personal gains of a parent, unless they worked to add to them?
Do adult children of deceased have more rights than step parent spouse?
because they just do
Do adult children of deceased have more rights than step-parent spouse?
because they just do
Do children of a deceased person have any rights to the deceased persons parent's estate if the deceased person preceded the parent in death?
It is certainly possible. Grandchildren can be entitled to a share of their grandparent's estate. Part of it will depend on how the will was written, or the laws for that jurisdiction. Consult a probate attorney for help!
Do children from 2nd marriage have any legal rights owned by their previous deceased father?
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.
What rights do biological children have in the estate of a deceased parent?
Biological and legally adopted children generally have the same rights in their parent's estate if their parent dies intestate, or, without a will. Children do not inherit an interest in property that was held jointly with a surviving spouse. However, they may inherit an interest in property held solely by the decedent. You can check the laws of intestacy in your state in the related question below.
Do parents of a deceased child have the same rights?
Both parents of a deceased child have an equal right of inheritance. If one parent had custody that parent has the right to make funeral arrangements but the other parent should be consulted if possible.
What rights does a minor child have in a deceased parents estate?
The rights of a minor child in a deceased parent's estate depend on state laws and the parent's will. Typically, minor children are entitled to inherit from their deceased parent's estate, either through intestate succession laws or as specified in the parent's will. A guardian or trustee is often appointed to manage the inheritance on behalf of the minor child until they reach the age of majority. Consulting with a legal professional would help determine the specific rights of the minor child in this situation.
As a step parent do you have any rights to an unadopted child?
As a step parent you do not have rights to your partners children unless you adopt them.
Can a remarried parent relocate children?
Not if the other parent has joint custody and/or visitation rights.
What rights do a 29 year old and a 16 year old of a deceased parent have when it come to property of a parent that is deceased and had no will also was not married?
An estate would be opened and the assets and debts inventoried. The remains would be split between the two children, the part for the 16 year old would be put into a trust until they reach the age of 18.
What is partial custody?
It indicates that one parent has the child or children less time than the primary custodial parent. For example the children may reside with the mother the majority of time, and have visitation with the father on weekends, holidays, etc. The parent with primary custody is the one who has specified rights to make decisions such as schooling, medical care and so forth. Joint custody indicates each parent has equal rights as to how the children are cared for in the above mentioned instances, and other contributing factors. Sometimes the court specifies such rights in the custody order, sometimes they are only implied.
