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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?
Wiki User
∙ 17y ago
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).
Wiki User
∙ 17y ago
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Does property and estate automatically transfer to the surviving children if the deceased did not have a will in the state of Texas?
It will depend on who the survivors are. A spouse has rights as well as the children, even without a will.
What does community property state mean?
The term community property state means that the community property in a marriage divided equally between the two parties when there is a divorce. This property usually does not include property owned before the marriage.
Are the children of their deceased father entitled to monies from his second deceased wife?
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.
What rights does a surviving spouse in have in Ohio if the deceased had no estate?
If there is no estate, there are no rights or property to be had.
What is condidered an estate in a will?
All the assets and property belonging to the deceased are part of the estate.
What if the deceased parent is not remarried but divorced with children over 21 what rights does the children have to personal property?
Why should adult children have any rights to the personal gains of a parent, unless they worked to add to them?
If property was owned by deceased spouse prior to marriage what is the property rights of the surviving spouse with no will?
Typically the spouse inherits the entire estate unless there are children involved.
When a parent dies without a will in Arkansas can the adult children take possession of the deceased parents property if they were remarried.?
Generally the property passes to the surviving spouse according to the state laws of intestacy. You can check the laws for Arkansas at the related question link provided below.
Can a Hindu married women have a right in her Hindu father's propety after her father's death?
Yes. Under Hindu Marriage Succession Act, all children married or unmarried have a right to the property of a deceased person.
Do children have rights in or to community property if father dies but mother is living?
You need to check your particular state laws. In a community property state each spouse owns a one-half share of the marital property. In some states a spouse can dispose of their interest by their will to someone other than their surviving spouse.Upon the death of one spouse state laws vary on intestate (without a will) inheritance. In some, the surviving spouse inherits their deceased spouse's share if there are children of the marriage. In some the surviving spouse receives only a half of that share if there are children by a former marriage. In Louisiana the share of a deceased spouse in community property passes to their estate if they had children but the surviving spouse can use the property until death or remarriage. If the deceased had no children the community property passes to the surviving spouse.People who own property in a community property state should consult with an attorney about estate planning. If you are a surviving child then you should consult with an attorney who specializes in probate law.
When real estate is in the name of the children of a deceased parent how can property be sold?
Only the guardian can sell, or the children when they are 18+.
What rights to the adult children have when it comes to property purchase by the children but willed to a friend?
That will depend on the names on the property deed or registration. If we are talking about gifts of electronics or other items, there is none. If it is a piece of real property (land or house), the deed will control. If the only name on the deed is that of the deceased, the adult children have no say and the deceased can do what they wish with it.
Are adult children by former marriage entitled to his estate after his death.He remarried and had 2 adult step-children?
Yes. ANYONE named in the will is eligible to be included in the inheritance. On the other hand, if the decedent died intestate (without a will) their property would pass according to the state laws of intestacy. In some states, children by a former marriage would automatically inherit a share. You can check the laws in your state at the related question link.
What rights do you have to your fathers estate in Texas when there is no will and he has remarried?
The community property will be split in half, half for his spouse and the other half for his children. The separate property, if any, will go to the children, with 1/3rd going to the spouse. And the spouse will have a life estate in 1/3rd of all real property with the remainder to the children.
Can you take ownership of a house you and your deceased boyfriend shared if he didn't have children and your name isn't on the deed?
No. Not unless he left the property to you in his will. If he died intestate, or without a will, the property will pass to his heirs at law according to the state laws of intestacy. Legal rights as an heir are acquired by virtue of a valid marriage.
Who has the right of the inherited property from the deceased parent?
Usually the spouse. "Unlike a spouse, a child generally has no legally protected right to inherit a deceased parent's property. The law does protect children when an unintentional omission in a will occurs, however."
Are children responsible for maintaining deceased parents property?
If they inherited the property then they have a stack in the property and responsibility to uphold the standards of the community;Howerver, if they are not the property owners and have no interest in the property then, I would say they should not be held responsible.
