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Generally, the children would be considered the heirs-at-law under state laws of intestacy in the United States. The parents would have no rights in the estate but they maybe qualified under state law to petition to be administrators of the estate. You should consult an attorney who specializes in probate law in the state of residency of the deceased.

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

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Q: When a divorced father dies who are the legal heirs-at-law his children or his parents?
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