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Who your heirs are depends on state law. Here in Missouri, if you died without a will, your property would first go to any surviving spouse and any children. If you had none, then it would go to your parents and your siblings. If a sibling died leaving children, it would go to them. It keeps going on and on until someone is found. If no one is found, it goes to the state of Missouri. So, the short answer is yes, but so would your spouse (if any) and any other children.

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

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Q: Would your daughter be your legal heir if you were the deceased father?
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The father is still living. Does a daughter-in-law have any legal right to the portion of the estate inheritance that a now deceased son would have received upon the death of the father?

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How do you do an act of legitimation if the father is deceased?

To do an act of legitimation when the father is deceased, you would typically need to consult with a lawyer to navigate the legal process in your specific jurisdiction. The procedures and requirements can vary depending on the laws of the country or state in which you reside. It's important to seek legal advice to ensure that you follow the correct steps to legitimize the child's status.


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