What rights do children have in the estate of a remarried parent who died without a will?

Answer 1

Assuming there is no Will in place which excludes the child from the parents estate, and depending on the existence of other parties with interests in the estate [i.e..brothers,sisters, others ] the distribution of the deceased's assets is dealt with by the intestacy law of the state in which the deceased dies and the estate is opened.

The rules of "descent and distribution" (which is the terminology used to describe the process by which property passes when there is no Will), vary from state to state and are based upon state, not federal, law. These rules outline the rank order of persons (heirs) who have a claim to the estate, and the process by which creditors of the deceased can make claims against the assets. In that regard, the heirs are generally not personally liable liable for the payment of the deceased's debts (unless they contracted for that liability), but a valid claim of a creditor properly and timely made, can deplete the assets of the estate such that there is less to distribute to the heirs.

The child will have to file his/her claim with the court/trustee/administrator/attorney handling the estate. States have separate courts that deal with probate-sometimes called "Probate Courts", and sometimes known by another name.

The ultimate amount that a child will receive will depend upon factors such as the total amount of assets in the estate, the number of beneficiaries and the nature of their relationship to the deceased (for example, a surviving spouse often gets the bulk of the estate) attorney's fees, and court costs. In larger and more complex estates, accountant's fees may become an issue, as would taxes of various sorts.

Answer 2

Canada

Normally a probate Count would put the properties of the deceased in the trust of an adult, usually a family member of the children until the children come of age and can inherit the property.

United States

You need to provide more details for an accurate answer. The following is a sampling of what may happen under various circumstances:

• If the children are minors most state laws provide them with a share in their parents estate recognizing a minor child's right to parental support.
• If the children are adults many states provide adult children with a share in their parent's estate when the surviving spouse is not their parent.
• Some states provide an intestate share to adult children
• Some states provide that all property pass to the surviving spouse if there are no minor children.
• Louisiana has very different laws that are based on the Napoleonic Code.

You can check the laws in your state at the related question link provided below.

Muslim Law

Muslim Law based on Quran gives fixed share of ¼ to husband and 1/8 for wife/wives when they have children. The remaining share going to children, single daughter getting ½ or 2/3 if they are more, having no brother. In case of brother the sisters share with them; 2 shares for boys and one share for girl

Answer 3

The solely owned property of a person who dies without a will passes as intestate property according to the state laws of intestacy. Each state has its own scheme. You can check the laws in your particular state at the related question link provided below.

As for any property the decedent owned with another person, it depends on how title was held. Title to property held as joint tenants passes directly to the surviving joint tenant. You should consult with an attorney who specializes in probate who can review your situation and explain your rights, if any.

Answer 4

Part of it will depend on if the child is a minor. If they are an adult, there isn't much that can be done about it. A minor's guardian can claim a portion of the estate.