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When an estranged parent dies are the adult children from the first marriage entitled to anything from the estate if there is no will and no support was paid over the years for these children?
Wiki User
∙ 18y ago
They may be entitled to some assets but it is not a certainty. When a person dies intestate (without a will) the state probate succession laws apply. All assets, property and debts of the deceased are entered into probate. All creditors are notified by the appointed executor or executrix of the probate filing. Creditors have a period of time as specified by state law to file a claim against the estate. No assets or property will be distributed until all debts and taxes are paid according to their priority and to the extent of the available assets. Once debts have been paid, any remaining assets and all exempted assets and property will be distributed to surviving family members. The general succession rules are, the surviving current spouse and her children, then the biological children of a previous marriage(s), the parents of the deceased (if applicable)and so forth until the estate is depleted. The issue of unpaid child support is not likely viable unless there was a court order and the state chooses to make a claim against the estate for repayment of any public assistance that was received by the minor children. Any "interested party" has the legal option of contesting a will but not probate succession law. The only option if the adult children are not included would be for them to file a suit against the estate in the appropriate court.
Wiki User
∙ 18y ago
Wiki User
∙ 15y agoChild support is not a determining factor in the disposition of a parents estate when the children are no longer minors.
Whether you will inherit an interest depends on several factors. It depends on how the property was held. Joint property owned by spouses with the right of survivorship passes automatically to the surviving spouse. If the decedent had a will the property will pass according to the will. In some states the children may elect to take an intestate share if they were left out of the will. If the parent died intestate, the children may inherit an interest according to the laws of intestacy of your state which you can check at the related question link below.
You need to speak with an attorney who specializes in probate in your area. She/he can answer your question about the practices in your jurisdiction and any rights you may have.
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When a parent dies from dementia are the adult children from the first marriage entitled to anything from the estate if there is a will leaving everything to the wife and no kids from their marriage.?
No
Who inherits in Tennessee when husband dies and house was in both names. he has two grown children by another marriage?
The spouse gets the home. The children are not entitled to a portion of the home. They are not required to get anything from the estate.
If a mother is widowed and remarried and no will is left and the wife dies first which children are entitled to receive inheritance the first or second marriage children under Iowa law?
All her biological children are equally entitled as heirs at law.
Are the adult children from the first marriage entitled to a man's askes after he dies?
A current spouse would have first claim.
If your mother was married to someone other than your biological father and have another child from that marriage and she passed away is the other children entiled to anything?
In general, you and your mother's other children are entitled to the same benefits - child support, Social Security, a share of the estate, etc.
What if your father is a bigimist when he dies do you inheret his estate or does the son of his second marriage inheret his estate?
The second marriage is invalid, so the children of that marriage are illegitimate. Whether illegitimate children are entitled to a share of the inheritance depends on the law of the particular country involved - which you do not specify.
Why did Beth's husband not get sick in contagion?
Because they have an estranged marriage and aren't physically close.
If father remarried has children from second marriage and adult children from previous marriage are all his children entitled to inherit under Oklahoma law?
Yes. All the children would be considered heirs at law under the laws of intestacy. See related question link provided below.
What is my wife entitled to after 7 years of marriage in FL?
She will be entitled to what is her share legally.
If a will is made prior to a marriage when the writer of the will dies will the remaining living spouse be entitled to anything even if not mentioned in the will?
The spouse is going to be entitled to a part of the estate. At a minimum it will be a dower right, but it could be more depending on the state.
Can children from first marriage claim estate?
They can certainly claim a portion of the estate. They are entitled to it as much as any other descendants. And in most cases if there is no will, there is a portion of the estate that they get.
If a house was purchased in Florida before the marriage with the title and mortgage in just one name would the spouse be entitled to any of it?
Not at all! Florida regards anything purchased before the marriage as separate during the marriage. Only items in both your names or items purchased during the marriage are eligable for distribution.
