Friday 27 March 2015

My dad passed away on saturday. he left behind a wife, one blood child and his wife 4 children. Am i entitled to anything or does it all go ...

Question

My dad passed away on saturday. he left behind a wife, one blood child and his wife 4 children. Am i entitled to anything or does it all go to his wife? Are her children entitled to anything?



Answer

If there are probate assets they will pass either through his Will, or by the laws of intestacy (where there is no Will). A wife is guaranteed a share, and birth children receive a share. You refer to her "4 children." Unless they were born of your father, or adopted by him as a step-parent, they might not share. It is best to sit with a lawyer and review all the facts surrounding your family.



Answer

I'm sorry to hear of your father's passing. Generally if no will exists the property titled solely in the decedent's name will go roughly 1/2 to spouse and 1/2 to the deceased's children (either biological or adopted children). If a will was made it should control how property gets disbursed.

While I hope the general legal information above helps, it does not create an attorney/client relationship or offer specific advice on your particular situation. As a prior attorney post noted, it is wise to consult with an attorney who can review the situation and offer specific advice.



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