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When a parent dies and has two children and the estate is left to only one what does the other child do?
Legally, assuming duress was not used and the parent was of sound mind there is nothing the sibling can do who was cut out of the estate. Unless the disinherited sibling had some major character issues or had already borrowed his/her share of the estate prior; the sibling who has inherited the estate should split it. From personal experience with a spiteful relative I know this is the best course of action because: 1) It's the right thing to do. 2) The inheriting sibling wants a relationship with their sibling.
What else can I help you with?
Is a child entitled to a per cent of someones estate?
In the United States a minor child is entitled to a portion of a deceased parent's estate. In some states an adult child is entitled to a statutory portion of the estate of a parent who died intestate. Any child who is next-of-kin to someone other than their parent would be entitled to a share of an intestate estate. You would need to be more specific and check your state laws.
Can one child remain in house after last parent dies?
It depends on whether there are other children. The last parent's estate must be probated and title to the property will pass under the Will or to the legal heirs at law according to the laws of intestacy if there is no Will.
Can a disabled child draw off a step parent?
Generally no. Step parents do not take on responsibility for children of other relationships. A disabled child has to be maintained by the biological parents. This only falls away if the child is adopted by someone. If the step parent is married in community of property with the biological parent then their common estate is liable for maintaining a disabled child of either parent. In the USA there may be laws in some states that require step parents to support unrelated children, more especially when the biological parent spouse fails to do so.
What happens when a stepparent dies without a will does that stepparents' biological children get anything?
Issues such as these always depend on the state involved; however, it is safe to say that a step-parent's biological children will get all of the estate to the exclusion of step-children, even if the biological children are estranged from the decedent and the step-child is for all intents and purposes, like a child to the decedent. A stepchild is not considered an heir to a decedent because there is no blood or adoptive relation. In other words, no true legal relation. Some states have made some provisions for stepchildren to inherit part of an intestate estate. In New Jersey, a step-child may inherit part of a step-parent's intestate estate only if the decedent has no descendants and if there are no descendants of any grandparent. Thus, In NJ, no step-child may inherit any part of a step-parent's estate if there are biological children.
Must a parent with lifetime rights sign sale contract?
You mean a contract to sell a property in which the parent has a life estate? No. If the children want to sell their future interest in the property, it is separate from the rights of the parent with a life estate. Similarly, the children do not need to be asked if the the parent wants to sell (or mortgage) his or her life estate to someone else. On the other hand, if the buyers want clear title, with no life estate, then you have a different problem: terminating the life estate, by merging it with the future estate, and what's in it for you?
Is it legal to fake a child's death to keep them from their other parent?
No, that would be criminal fraud.A parent has a right to have access to their children, unless it is proven that that parent is dangerous to the health and safety of the child.
When a parent dies and a step parent is living in the home what rights do the step children have if any to get their parent's property?
Generally, a step-child has no inheritance rights unless they were legally adopted by the decedent. You should consult with the attorney who is handling the estate or with an attorney who specializes in probate in your particular jurisdiction if you think you may have any claim.
Can you pay your child surport to your children directly?
No, child support is a debt owed to the other parent, not the child, and must be paid directly to the other parent. DO NOT, under any circumstances, pay support directly to the other parent. Send the payments to the courts or to the State Disbursement Unit.
Can one child of a dead parent take all contents of the house and not even ask the other children if they would like some thing?
It depends. Was everything left to this one child? If so then they can do what they want. Who is the executor of the estate? Start by checking at the probate court. If no one has filed then you can file to be the executor and take control of the estate.
Does a parent who owes back child support have to pay if only one of the adult children involved want to get it and the other one refuses and neither adult child is in college?
Probably - the support is owed to the obligee (i.e., other parent and/or State), not to the children.
What are legal rights of children not mentioned in parent's will?
You need to check the laws in your particular jurisdiction. The laws regarding disinheritance vary. In some states the children do not need to be mentioned in the will if they have not been provided for. In other states the testator must mention the child and state they are purposely omitting them from the will.In the case of minor children, they are entitled to a portion of their parent's estate by law in most jurisdictions.You need to check the laws in your particular jurisdiction. The laws regarding disinheritance vary. In some states the children do not need to be mentioned in the will if they have not been provided for. In other states the testator must mention the child and state they are purposely omitting them from the will.In the case of minor children, they are entitled to a portion of their parent's estate by law in most jurisdictions.You need to check the laws in your particular jurisdiction. The laws regarding disinheritance vary. In some states the children do not need to be mentioned in the will if they have not been provided for. In other states the testator must mention the child and state they are purposely omitting them from the will.In the case of minor children, they are entitled to a portion of their parent's estate by law in most jurisdictions.You need to check the laws in your particular jurisdiction. The laws regarding disinheritance vary. In some states the children do not need to be mentioned in the will if they have not been provided for. In other states the testator must mention the child and state they are purposely omitting them from the will.In the case of minor children, they are entitled to a portion of their parent's estate by law in most jurisdictions.
Can a middle age child sue a deceased parents estate for child support?
No. You are middle aged and in no need of child support. This is something your other parent should have done while you were a minor.
