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Generally, a foster child can claim rights to an estate if the decedent died intestate (without a will) depending on the laws of the jurisdiction. Some states include foster children in the definition of "children" for inheritance purposes, while others may require specific legal relationships or formal adoption. It is recommended to consult with a probate attorney for guidance on specific laws in the relevant jurisdiction.
What else can I help you with?
What rights do adopted sibling have in their sibling's intestate estate?
In most jurisdictions a legally adopted sibling is a legal heir. You would need to check the laws of your state. You can find state-by-state intestacy laws linked in the related question below.
If a will was written prior to marriage what rights does a surviving spouse have?
In most US states, a surviving spouse can elect against the decedent spouse's will, meaning that the suriving spouse has the right to receive a specified portion of the decedent spouse's estate. That portion may depend on how long they've been married and whether the decedent spouse has any children, inter alia.
What rights does a minor child have in a deceased parents estate?
The rights of a minor child in a deceased parent's estate depend on state laws and the parent's will. Typically, minor children are entitled to inherit from their deceased parent's estate, either through intestate succession laws or as specified in the parent's will. A guardian or trustee is often appointed to manage the inheritance on behalf of the minor child until they reach the age of majority. Consulting with a legal professional would help determine the specific rights of the minor child in this situation.
What rights do the children of a deceased parent have when it comes to property if the parent did not have a will and was remarried but was sole owner of real estate prior to marriage?
State probate laws determine intestate succession. It would be in the best interest of surviving family members to obtain legal advice or representation to protect any claims they may have in connection with the deceased's estate. Most states have a vested interest in protecting minors. As such, most of the intestate succession laws for this sort of situation have a very specific rule. If the parent has remarried, the property will be divided in half. One half will go to the new wife and the other half will be divided between the children of the previous marriage(s).
What is a second wife's inheritance right in Oklahoma without a will?
A second wife is entitled to the statutory portion set forth in the state laws of intestacy as the surviving spouse as long as she was married to the decedent when he died. You can check the laws for Oklahoma at the related question link provided below.
Can decedent's girlfriend have any legal rights in his estate?
A "girlfriend" has no legal rights to her "boyfriend's" estate unless he left property to her in his will. Only a legal spouse or a partner in a legal civil union have rights of inheritance. You can check the laws of intestate (without a will) inheritance in your state at the related question link below.
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.
Does being informant on death certificate give person legal rights to decedants estate?
No. Rights to an estate are conferred by Will, by the laws of intestacy if there was no Will and by authority of the probate court. You cannot gain rights in a decedent's property simply by reporting their death.
Can a parent take possession of property if an adult child dies intestate?
If they have no spouse and no issue. Otherwise the spouse has first rights to the estate.
Do the contents of a house have to go through probate if the house was left to you in a Life Estate Deed?
You should consult with an attorney who specializes in probate law in your jurisdiction. If the decedent did not leave the personal property to you by a Will and there are other heirs who have rights of inheritance, the estate may need to be probated.You should consult with an attorney who specializes in probate law in your jurisdiction. If the decedent did not leave the personal property to you by a Will and there are other heirs who have rights of inheritance, the estate may need to be probated.You should consult with an attorney who specializes in probate law in your jurisdiction. If the decedent did not leave the personal property to you by a Will and there are other heirs who have rights of inheritance, the estate may need to be probated.You should consult with an attorney who specializes in probate law in your jurisdiction. If the decedent did not leave the personal property to you by a Will and there are other heirs who have rights of inheritance, the estate may need to be probated.
If someone has lifetime rights to a home and they die does the owner of the property have any right to go into the home and take any of its contents?
If the property inside the home was the sole property of the decedent the property will pass according to the decedent's will or by the laws of intestacy if the decedent died intestate or without a will. You can check the laws of intestacy at the related question link provided below.
What rights does wife have to inheritance of husband in state of texas?
Intestacy in Texas: Decedent had no will(b) Intestate Leaving Husband or Wife.Where any person having title to any estate, real, personal or mixed, other than a community estate, shall die intestate as to such estate, and shall leave a surviving husband or wife, such estate of such intestate shall descend and pass as follows:1. If the deceased have a child or children, or their descendants, the surviving husband or wife shall take one-third of the personal estate, and the balance of such personal estate shall go to the child or children of the deceased and their descendants. The surviving husband or wife shall also be entitled to an estate for life, in one-third of the land of the intestate, with remainder to the child or children of the intestate and their descendants.2. If the deceased have no child or children, or their descendants, then the surviving husband or wife shall be entitled to all the personal estate, and to one-half of the lands of the intestate, without remainder to any person, and the other half shall pass and be inherited according to the rules of descent and distribution; provided, however, that if the deceased has neither surviving father nor mother nor surviving brothers or sisters, or their descendants, then the surviving husband or wife shall be entitled to the whole of the estate of such intestate.You can read the entire statute at the related link.Intestacy in Texas: Decedent had no will(b) Intestate Leaving Husband or Wife.Where any person having title to any estate, real, personal or mixed, other than a community estate, shall die intestate as to such estate, and shall leave a surviving husband or wife, such estate of such intestate shall descend and pass as follows:1. If the deceased have a child or children, or their descendants, the surviving husband or wife shall take one-third of the personal estate, and the balance of such personal estate shall go to the child or children of the deceased and their descendants. The surviving husband or wife shall also be entitled to an estate for life, in one-third of the land of the intestate, with remainder to the child or children of the intestate and their descendants.2. If the deceased have no child or children, or their descendants, then the surviving husband or wife shall be entitled to all the personal estate, and to one-half of the lands of the intestate, without remainder to any person, and the other half shall pass and be inherited according to the rules of descent and distribution; provided, however, that if the deceased has neither surviving father nor mother nor surviving brothers or sisters, or their descendants, then the surviving husband or wife shall be entitled to the whole of the estate of such intestate.You can read the entire statute at the related link.Intestacy in Texas: Decedent had no will(b) Intestate Leaving Husband or Wife.Where any person having title to any estate, real, personal or mixed, other than a community estate, shall die intestate as to such estate, and shall leave a surviving husband or wife, such estate of such intestate shall descend and pass as follows:1. If the deceased have a child or children, or their descendants, the surviving husband or wife shall take one-third of the personal estate, and the balance of such personal estate shall go to the child or children of the deceased and their descendants. The surviving husband or wife shall also be entitled to an estate for life, in one-third of the land of the intestate, with remainder to the child or children of the intestate and their descendants.2. If the deceased have no child or children, or their descendants, then the surviving husband or wife shall be entitled to all the personal estate, and to one-half of the lands of the intestate, without remainder to any person, and the other half shall pass and be inherited according to the rules of descent and distribution; provided, however, that if the deceased has neither surviving father nor mother nor surviving brothers or sisters, or their descendants, then the surviving husband or wife shall be entitled to the whole of the estate of such intestate.You can read the entire statute at the related link.Intestacy in Texas: Decedent had no will(b) Intestate Leaving Husband or Wife.Where any person having title to any estate, real, personal or mixed, other than a community estate, shall die intestate as to such estate, and shall leave a surviving husband or wife, such estate of such intestate shall descend and pass as follows:1. If the deceased have a child or children, or their descendants, the surviving husband or wife shall take one-third of the personal estate, and the balance of such personal estate shall go to the child or children of the deceased and their descendants. The surviving husband or wife shall also be entitled to an estate for life, in one-third of the land of the intestate, with remainder to the child or children of the intestate and their descendants.2. If the deceased have no child or children, or their descendants, then the surviving husband or wife shall be entitled to all the personal estate, and to one-half of the lands of the intestate, without remainder to any person, and the other half shall pass and be inherited according to the rules of descent and distribution; provided, however, that if the deceased has neither surviving father nor mother nor surviving brothers or sisters, or their descendants, then the surviving husband or wife shall be entitled to the whole of the estate of such intestate.You can read the entire statute at the related link.
In Florida if not legally married at death what estate benefits change for survivor?
If not legally married you have no rights or benefits of inheritance unless the decedent named you in their will.
Is a non biological non adopted child entitled to an estate?
Since this is the adoption category I assume you mean not the biological grandchildren but foster kids who have never been adopted. And no, they have no right at all to anything their foster family leaves behind unless they are mentioned in the will. If you mean biological children they inherit their parents who in their turn inherit their parents, your grandparents. So unless the grandchild is mentioned in the will or the parents are deceased, the grandchild will not inherit the grandparents.
How do you establish your rights as the heir to your deceased mother's mineral rights?
You need to consult with an attorney who specializes in property law and probate law who can research and document your father's mineral rights and then probate his estate to make certain those rights pass to you legally.
Does the decedent's mother have superior rights of inheritance over the decedent's illegitimate child?
If the deceased had a will, the child[ren], alleged and otherwise, have rights to the estate only to the extent outlined in the will. If the deceased died intestate, the estate will be probated according to State law. In the latter case, if paternity was never established, the alleged child has no rights to the estate.Answer and ClarificationIt would seem by your question that the child's parentage has already been acknowledged. The answer to your question depends on the age of the child and the state laws that govern intestacy and "omitted children" statutes that exist in some states.You haven't mentioned a will therefore it will be assumed there was none. In almost every state except Louisiana, between the two, the biological child would inherit under the laws of intestacy. You can check the laws in your state at the related question link provided below.In the case of a will: a minor child cannot be disinherited. The state law would provide a share in the estate even if the decedent left his estate to his mother by his will. In addition, adult children have rights in some states. By that doctrine, a child who is not specifically mentioned in the will as being left out will be granted an intestate share under some state laws.You need to consult with an attorney in your area who specializes in probate law who can review your situation and explain the laws in your state and your options.
In California what rights to property does a live in or cohabiting partner have in the event of a death?
As a general rule, none. California does not recognize common law marriages. But, exception do exist. One, you are named as a co-owner. Here you have a right to a portion of the property. If you are named as a joint tenant, you may receive all of the property (along with any other joint tenants or co-owners.) Two, you are named as a beneficiary of the decedent's estate or trust, or a beneficiary of a bank or brokerage account, life insurance policy, retirement or IRA account, or (for real property) the beneficiary of a transfer on death deed. Although this general answer is provided by an attorney, it should not be taken as legal advice regarding your particular situation and no attorney-client relationship is established. For help with your particular legal situation, please consult with an attorney.
