She is interfering with the distribution of the estate. She can be sued.
If the exact wording is "to my surving children", then all other children who predeceased the testator or out.
Yes, children have priority over the mother of the deceased. They are the descendants it get priorty second only to a surviving spouse. Even without a will the spouse will come first, then children. Parents are next, then siblings.
In Texas, if a person dies without a will, their property will be distributed according to intestacy laws. This typically means that the property will pass to the surviving spouse and children in varying shares depending on the family situation. If the deceased had no spouse but had children, then the property would likely pass to the surviving children.
No - the surviving spouse is not liable for the deceased person's bills !
Next of kin, if you are not familiar with the term, just means the closest relative. If there is a surviving spouse, that is the next of kin. If there is no surviving spouse, then surviving children or surviving parents, failing that, a surviving sibling, then we go to aunts and uncles, cousins, nieces and nephews.
The estate is responsible for paying off the bills of the deceased, first and foremost. Surviving children should not have access to the funds until the estate is settled. If the children are minors, the court will appoint a guardian and will usually advance living expenses to insure they aren't without money and a place to live.
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.
No. Generally, heirs-at-law must be related by blood or by legal adoption. Your father's second wife is not related to his children by his first wife. If the children were legally adopted by the second wife then the answer is maybe, depending on the laws of intestacy and whether she had a will leaving her property to someone else. You can check the laws of intestacy for your state at the related question link below.
In Ohio, a surviving spouse may have rights to a family allowance, exempt property, and a share of the deceased spouse's estate if there were children from a previous relationship. Depending on the circumstances, the surviving spouse may also have rights to social security benefits or life insurance proceeds.
It will depend on whether there are children or not. In most cases the estate is split between any children of the deceased and the spouse.
It depends on the legislation of the country. Normally the spouse and children take precedence. An under age child of the deceased would take precedence over the mother of the deceased.
The children are not directly responsible in Pennsylvania. The estate is responsible to settle all the debts. Until these have been paid, the children are not entitled to receive anything.