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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
∙ 2006-03-21 00:34:48
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
∙ 2006-03-21 00:34:48
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No
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Yes. All the children would be considered heirs at law under the laws of intestacy. See related question link provided below.
