No. It's your Will, and those wishes must be followed. The only thing that will happen is that probate will come into effect after the death of the person, all creditors, house/property taxes and personal taxes are paid off. What is left in the estate after that goes to the person(s) you have named in your Will. ==Additional Information== In Texas, the right to inherit from a biological parent is not cut off by termination of the parent-child relationship, UNLESS the order terminating the relationship so provides. One of my colleagues was involved in a case in which an adopted child, then an adult, was able to unseal the file in which the parent-child relationship was terminated. She used the argument that the right to inherit gave her the right to the information. Having said that, Texas does not have forced heirship. A properly signed Will can disinherit a child, including one from a terminated relationship. A child born after the signing of a Will in which the Will does not provide for after born children is treated as if the child had been included in the Will and the same as the testator's other children or, if the testator had no other children, the child gets the share the child would have gotten had the decedent died intestate.
The executor is entitled to compensation for their time and effort. The court will approve the payment at the going rate.
Under Nebraska law you cannot completely disinherit a child. The child is entitled to an elective share of the estate regardless of what language is placed in the will to attempt to disinerit. See In Re Estate of Peterson.
It will depend on the existence of children from the first wife. Typically the current spouse gets the bulk of the estate, if there are children, it may be split with them.
It depends on whether it was left in a will or a trust. There is generally a rule that "blood" cannot be cut out of an estate. You need an attorney who understands wills or trusts. Your chances are apparently better with a will than a trust. The attorney for the estate hast to provide you with the documents on demand. You have 120 days from the receipt of those documents in most states to contest the will. We are researching an article on children of older men married to younger women being cut out of the father's estate. We are seeking stories of such children. If you are interested in sharing, please email reversibletrust [at] gmail dot com with information on how you can be contacted. We are also seeking estate experts who would be willing to speak and be quoted. Thank you
If your children are no longer minors then you don't have to pay child support. However, if a written document was set-up previously that you also pay support for a college education then you have to fulfill this obligation. If you ex-wife left you in her Will (doubtful) she should have stipulations as to what the children will receive from the Estate and this too is an obligation and carried out by an Executor (male), Executrix (female.) The back child support is owed to the estate of the ex wife. She funded the children without that support, robbing them ofmoney that should have been in the estate. If I were the attorney representing her estate or the beneficiaries of that estate, I'd be knocking on your door with a court order!
It depends on a number of factors: Are you listed in the will? If not, you probably are not entitled to anything. If you husband has passed away, and he had children with you, you may be entitled to some of it in trust for the children. If your husband is living, no, the inheritance belongs to him.
He would have a claim on the estate. In many cases the step children do not have a claim on the estate.
They can certainly claim a portion of the estate. They are entitled to it as much as any other descendants. And in most cases if there is no will, there is a portion of the estate that they get.
Probably Spouse first, then his Estate then the children.
They may be entitled to a portion of his estate under the state laws of intestacy. You can check your state laws at the related question link below.
Was her name still on the deed? Technically only the executor of the estate can sell the house. If they were still legally married, yes, she is entitled to part of the estate. Her children that were not his children, would not be entitled to any share of the estate.
If an heir of an estate dies who entitled to that portion of the money?
In most intestate cases, the children are entitled to half the estate. Consult an attorney in your jurisdiction.
There is still a need for an estate. While the current spouse will typically inherit at least half the estate, the children may be entitled to a portion.
Typically your spouse will be entitled to at least half the estate, even if the will says otherwise.
Make her your beneficiary and put her into your will to make sure she inherits what you want
If the life estate holders agree to allow the property to be sold then they mush sign the deed and by doing that they will relinquish their life estates. The proceeds from the sale will go to the remaindermen who own the fee interest in the property. In order to encourage the life estate holders to relinquish their life interest the remaindermen may offer a part of the proceeds as an incentive.You should seek the advice of an attorney who can review your situation and explain the options.