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The answer depends on the laws of the state in which your father died. Most, if not all, states do not require a person to leave anything to his children.
It is very important to check your state statutes because several states have adopted "pretermission" statutes that generally allow a child omitted from the provisions of a testator's will to take an intestate share, i.e., equal in value to what the child would have received if the testator had died without a will.
Pretermission statutes presume that the failure of the testator to provide for the child was accidental. Under these statutes, when a testator fails to provide in his will for any of his children born or adopted after the execution of his will, several states recognize the inheritance rights of the omitted children.
In Massachusetts a testator can defeat the omitted child provisions by specifically stating in the will that he has intentionally omitted his children or certain of his children and naming them.
What else can I help you with?
If an heir of an estate dies who is entitled to that portion of the money?
If an heir of an estate dies who entitled to that portion of the money?
Father-in-law died and left a home to split between 5 children Can I file for divorce in NJ and claim a portion of my husbands estate in the West Indies Am I entitled to half of my husbands share?
No. An inheritance is not considered joint property, so you are not entitled to any portion of your husband's share of his inheritance.
If you owned your property prior to marriage will your ex be entitled to any part of it after a 6 month marriage?
No, community property refers only to that property that is gained during the marriage. However, if you use community property or income earned during the marriage to continue mortgage payments, to improve, etc, then a portion of it does become community property.
If mother is deceased and father is alive but property was in mother's name do adult children have a claim to it?
If the property was in your mother's name alone and she died intestate the property would pass according to the laws of intestacy in your state. The children may be entitled to a portion. You can check your state at the link below.
What if a tree is of equally on the property line whose responsible?
You are responsible for the portion on your property and the other guy is responsible for the portion on their property.
What is a wife entitled to if you are married in Oklahoma?
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.
If I am not on the deed to my future husband's house in New York state am I entitled to anything after we are married in event of divorce or death?
The laws vary by state, but generally speaking, the property your husband has before you are married, remains his if you are divorced. However, if you have contributed to the care, maintenance, improvement or have contributed to the payment of the mortgage, taxes or other costs of owning the house, you may be entitled to a percentage of the capital gain on the property for the time period of your marriage. If he dies without a Will leaving the property to you, you will be entitled to a portion under the state laws of intestate succession. If he leaves the property to someone else in his Will you will be entitled to a portion as the surviving spouse under the doctrine of election. You should consult with an attorney on your own if this issue troubles you. This is an important matter that should be discussed before you marry. See related question link.
Can sister-in-law get portion of my deceased fathers life insurance?
If she is named on the life insurance as a beneficiary. If the insurance goes into the estate as some policies do, she could be entitled to a share. Much of it will depend on how the will is written. If there is no will, it may vary depending on the laws of the state in question.
Are married spouses entitled to share of property acquired by inheritance by one of the spouses?
In most jurisdictions in the United States, except Louisiana, a surviving spouse has the legal right to inherit even if the will says otherwise. A person cannot disinherit their spouse. The state laws will distribute some or all of the estate to the surviving spouse under the doctrine of election.
We are separated but not divorced. When my husband dies am I still legally entitled to his estate?
Yes. You will inherit under your state laws as his surviving spouse under the state laws of intestacy if he has no will. Even if he has a will leaving his property to someone else you are entitled to a portion of his estate under the doctrine of spousal election law in most states. You can check your state laws of intestacy at the related question link provided below.Yes. You will inherit under your state laws as his surviving spouse under the state laws of intestacy if he has no will. Even if he has a will leaving his property to someone else you are entitled to a portion of his estate under the doctrine of spousal electionlaw in most states. You can check your state laws of intestacy at the related question link provided below.Yes. You will inherit under your state laws as his surviving spouse under the state laws of intestacy if he has no will. Even if he has a will leaving his property to someone else you are entitled to a portion of his estate under the doctrine of spousal electionlaw in most states. You can check your state laws of intestacy at the related question link provided below.Yes. You will inherit under your state laws as his surviving spouse under the state laws of intestacy if he has no will. Even if he has a will leaving his property to someone else you are entitled to a portion of his estate under the doctrine of spousal electionlaw in most states. You can check your state laws of intestacy at the related question link provided below.
Texas is a community property state. Your husband named his sons as beneficiaries on his life insurance policy. Is the surviving spouse entitled to any portion of the proceeds?
Life insurance is a complex issue in community property states. Even if your husband has named beneficiaries, you may be entitled to an interest in the proceeds. See the link provided below for a very informative publication that you can read in its entirety. There is a section regarding beneficiaries other than the spouse.
Can you leave property to someone in a will if you don't own all the property?
If the property is owned jointly, you can leave your portion of the property or your portion of the ownership to someone.
