husband dies without a will. Adult children from first marrage

husband still married to second wife. No Will. Are adult children from first marriage entitled to anything?

Asked on August 14, 2018 under Estate Planning, Georgia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

When someone dies without a Will, they die "intestate". Accordingly, the laws of the state in which they were domicled will control the distribution of their estate. Typically, this would be 1/2-1/3 to the surviving spouse with the remainder to be split among the children of the deceased. Bottom line, the children of the first marriage are entitled to a share in the estate.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

When someone dies without a Will, they die "intestate". Accordingly, the laws of the state in which they were domicled will control the distribution of their estate. Typically, this would be 1/2-1/3 to the surviving spouse with the remainder to be split among the children of the deceased. Bottom line, the children of the first marriage are entitled to a share in the estate.


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