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That depends greatly on the state or country and age of the children. The law will change the will if the child was born after the will was initially created. Some places also allow a child to elect against the will, which might obtain more money for them. Consult a probate attorney in the jurisdiction in question.
What else can I help you with?
If your parent dies which was remarried does the biological children have any rights over the step parent or step children in regards to his belongings?
It depends if there was a will or not. Step-children have no rights to the estate of a step-parent unless specifically named in the will. If there was no will, the estate is typically divided between the spouse and the children. Check the laws for your state or jurisdiction.
What right as an adult adopted child when 1 parent dies?
When adopted you have the same rights as the biological children to inherit your parents.
Are children responsible for their parent's debts when the parent dies even if you are power of attorney?
No
Something that passes to the children when the parent dies is?
Inheritance.
Do all children get survivor benefits when a parent dies?
no
What rights do biological children have in the estate of a deceased parent?
Biological and legally adopted children generally have the same rights in their parent's estate if their parent dies intestate, or, without a will. Children do not inherit an interest in property that was held jointly with a surviving spouse. However, they may inherit an interest in property held solely by the decedent. You can check the laws of intestacy in your state in the related question below.
When a parent dies and a step parent is living in the home what rights do the step children have if any to get their parent's property?
Generally, a step-child has no inheritance rights unless they were legally adopted by the decedent. You should consult with the attorney who is handling the estate or with an attorney who specializes in probate in your particular jurisdiction if you think you may have any claim.
What is the law of children over a second spouse when parent dies?
The law regarding children and a second spouse when a parent dies can vary depending on the jurisdiction and any existing legal arrangements such as wills or trusts. Generally, children may have rights to inherit from the deceased parent's estate, but this can be influenced by factors like state laws, existing legal documents, and the specific family situation. Consulting with a legal professional is advisable to understand the rights and obligations in a particular scenario.
As a step parent do you have any rights to an unadopted child?
As a step parent you do not have rights to your partners children unless you adopt them.
What are legal rights when parent dies and leaves no will in Arkansas?
In Arkansas, when a parent dies without a will (intestate), the state's intestacy laws determine how their assets are distributed. Generally, the deceased's children inherit the estate equally if there is no surviving spouse. If there is a surviving spouse, they typically receive a portion of the estate, and the children share the remaining assets. It's advisable for heirs to consult with an attorney to navigate the probate process and understand their specific rights and obligations.
If a parent dies are the children responsible for the funeral costs if the parent had nothing?
Morally and ethically yes, but not legally.
What if the deceased parent is not remarried but divorced with children over 21 what rights does the children have to personal property?
Why should adult children have any rights to the personal gains of a parent, unless they worked to add to them?
