First let's clear up the basics. The court appoints the Administrator and the court generally favors the surviving spouse. The Administrator will settle the estate under the supervision of the court and according to the state probate code.
The answer depends on how the law suit is filed. It can be filed by the surviving spouse as an individual or by the Administrator of the estate.
If filed by the estate, the Administrator will represent the estate in the court action. Any award will be paid to the estate and will be distributed as intestate property according to the intestacy laws in your state. You can check your state at the related question link provided below.
You should consult with an attorney who can review this situation and explain your rights and your options.
There is still a need for an estate. While the current spouse will typically inherit at least half the estate, the children may be entitled to a portion.
That would probably depend upon the laws of the state you are in.
If an heir of an estate dies who entitled to that portion of the money?
Typically your spouse will be entitled to at least half the estate, even if the will says otherwise.
The sole beneficiary is entitled to any assets remaining after the estate has been probated and the debts of the estate have been paid.
If the property is in the estate, the estate is responsible for them. You are entitled to be reimbursed if you have paid them for the estate. Submit your claim to the executor.
In Alabama, the parent would not be considered a wrongful death beneficiary of the adult child if there are no surviving spouse or children. In Nebraska, however, the parent could potentially be considered a wrongful death beneficiary if there are no surviving spouse or children. Each state has its own specific laws governing wrongful death claims.
Generally, if she was married to the decedent at the time of death then she is entitled to a portion of the estate as the surviving spouse.
In the United States a minor child is entitled to a portion of a deceased parent's estate. In some states an adult child is entitled to a statutory portion of the estate of a parent who died intestate. Any child who is next-of-kin to someone other than their parent would be entitled to a share of an intestate estate. You would need to be more specific and check your state laws.
Yes.
That depends on the wording of the will. Being executor does not automatically give you a right to the estate.
Both partners are entitled to fidelity, respect and mutual support. In addition a surviving spouse is entitled to a portion of their spouse's estate. You can read the law of intestacy for Oklahoma at the related link.Both partners are entitled to fidelity, respect and mutual support. In addition a surviving spouse is entitled to a portion of their spouse's estate. You can read the law of intestacy for Oklahoma at the related link.Both partners are entitled to fidelity, respect and mutual support. In addition a surviving spouse is entitled to a portion of their spouse's estate. You can read the law of intestacy for Oklahoma at the related link.Both partners are entitled to fidelity, respect and mutual support. In addition a surviving spouse is entitled to a portion of their spouse's estate. You can read the law of intestacy for Oklahoma at the related link.