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If a person dies intestate in TX with children and a 2nd wife does 2nd wife inherit a share equal to the children if the marriage was less than 10 years?
I can not see any circumstance, short of a will being available, where the children would get anything that the wife does not wish to give them. If the Children are minors, and were under his care, she would be responsible for them. If the children were not under his care, child support would have been given. After death, they would receive SSI until they are 18.
If the children are over 18, they would not have a legal stake, unless a will was made available showing they did.
What else can I help you with?
Can a daughter inherit the property of the person who married her widowed mother?
If that person had legally adopted the daughter then she would be his legal heir. Otherwise the only way she could inherit his property would be by his will and she would not be considered as next of kin if he died intestate.
What are the distribution of estate funds to a surviving spouse in Virginia?
Virginia Code:64.1-1. Course of descents generally.When any person having title to any real estate of inheritance shall die intestate as to such estate, it shall descend and pass in parcenary to such of his kindred, male and female, in the following course:First. To the surviving spouse of the intestate, unless the intestate is survived by children or their descendants, one or more of whom are not children or their descendants of the surviving spouse, in which case two-thirds of such estate shall pass to all the intestate's children and their descendants and the remaining one-third of such estate shall pass to the intestate's surviving spouse.That means the surviving spouse receives the estate unless the decedent had children that were not also children of the surviving spouse. If there are children from a previous marriage the surviving spouse receives one-third.
If the property and land are deeded to the father and there is no will what happens to this property and land of a father of thirteen children and living wife in VA?
It will be distributed according to intestacy laws of Virginia. If the wife is the mother of the children, she will inherit the property. If she is not the mother, the property is going to be split between her and the children. You need to consult a probate attorney in VA for exact details. 64.1-1. Course of descents generally. When any person having title to any real estate of inheritance shall die intestate as to such estate, it shall descend and pass in parcenary to such of his kindred, male and female, in the following course: First. To the surviving spouse of the intestate, unless the intestate is survived by children or their descendants, one or more of whom are not children or their descendants of the surviving spouse, in which case two-thirds of such estate shall pass to all the intestate's children and their descendants and the remaining one-third of such estate shall pass to the intestate's surviving spouse.
Do children inherit their parents?
Yes children are the descedants of their parents.
Can an in-law inherit an estate?
If the decedent died intestate (without a will) an in-law would not be considered an heir-at-law. You can check the laws of intestacy for your state at the related question link provided below. Of course, a person can leave property to an in-law in her will.
How can the descendants of deceased children whom committed suicide be excluded from the inheritance if there is no will?
Generally, when a person dies intestate their property descends to their spouse and children. However, in certain states the surviving spouse inherits all the property. In the states where the surviving spouse AND children inherit, the children of any deceased child would take their parent's share. You can check the laws of your state at the related question link provided below.
What does heir mean?
An heir is the person entitled, by reason of relationship, to receive an intestate (without a Will) person's estate after their death. It is also the term for a person who inherits under a Will (weather a relative or not).
Does a non signed will mean you died intestate?
Without a signed will, the person died intestate.
When a person is deemed incompetent do their children inherit their inheritance?
No, the children do not get it. The inheritance goes to the trustee of the incompetent person for the use of the person.
When a person dies intestate what does that mean?
Intestate means that the deceased person did not leave a will. The estate will be administered according to the statutory provisions of intestacy of the state where that person lived.
What does the word heir mean?
According to Black's Law Dictionary an heir is a person who is entitled to inherit under the laws of intestacy. However, heir is also generally used to describe any person who inherits either by will or intestate succession.
Are surviving parents first to inherit before the decedent's siblings?
Yes, in most legal systems, surviving parents typically inherit before the decedent's siblings. If a person dies without a will (intestate), the laws of intestacy usually grant priority to the spouse and children, followed by parents, and then siblings. Therefore, surviving parents would inherit before any siblings of the deceased. However, specific laws can vary by jurisdiction, so it's important to consult local laws for precise details.
