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If the decedent died without a Will, the state laws of intestacy will determine who gets what. In general, the wife will get half and the children from the previous marriage will get the other half.
Currently, most divorce proceedings invalidate any previously made will as to the former spouse. And children born after a will is made are usually opted in by rule of law. Again, you will have to consult an attorney in your state.
What else can I help you with?
If father remarried but has children from a previous marriage who is entitled to inherit under Idaho law?
It will depend partially on the will. If the new spouse is not mentioned, she may be able to elect to take against the will. If there is no law, it will probably be split in half, half going to the spouse and half going to the children. Consult an attorney to protect your rights.
Who will inherit if cousin died leaving no spouse or siblings?
If there is no living spouse, the children inherit, after them the siblings. If there is no living spouse, children or siblings, parents inherit, after them first cousins, then second cousins, etc.
Is there any specific term in English to refer to children from the previous marriage?
If you are the current spouse of someone with children from a previous union, they can be called stepchildren, stepchild, step daughter or step son.
Is the childless spouse in a common law marriage responsible financially for paying child support to children from their common law partners previous marriage?
No, only the biological parents pay for their children.
Does the current wife inherit the deceased husband's entire estate if had children from a prior marriage and died intestate?
No! While the laws vary from state to state, most of them will split the estate in two, giving half to the current spouse and half to the children from previous marriages. Consult an attorney in the appropriate state for the laws that will apply.
Is a spouse responsible for the others child support from a previous marriage if he dies?
No. But, the child/children of the deceased may have a claim to assets of their father's estate.
Is the last will made before marriage and the executor so named in the will still effective in the state of Texas and what are the rights of surviving spouse with out a will?
In many jurisdictions, a will made prior to marriage is considered void and the intestate laws will be applied. Typically, if there are no issue from the deceased, the spouse will inherit everything. If there are issue, the estate is split between the spouse and the children.
Can a spouse and her children from a prior marriage be forced to vacate a home if that spouse's name is not on the deed after a restraining order is served to that spouse?
The spouse can, but not the children.
In Arizona can a judgment from a previous divorce be collected from the spouse of a new marriage?
no
Can you be held responsible for your wife's foreclosure from a previous marriage?
While your spouse may still have some incurred liability from a previous marriage, you, yourself, as an individual, are not.
Sister died intestate do only children have a claim to estate?
The laws specifies who inherits if there is no will. In most cases in the US they follow the Uniform Probate Code. That says that the children and spouse inherit. Siblings only inherit if there are not spouse or decendants.
Who inherits in an intestate estate in South Africa?
It depends. If the deceased had a spouse (or if he was in a polygamous marriage) but if he had no descendants, the spouse (or spouses) will inherit the estate. If there are only descendants but no spouses, then it will be they who inherit the estate. In case there are both spouse(s) and descendants, the spouse will receive R125 000 and the balance will go to the children. Also, if there are neither descendants nor spouses, the parents (or one parent and the other descendants of that parent) will split the estate equally.
