Do adult children from a previous marriage have rights to their father assets?

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Do adult children from a previous marriage have rights to their father assets?

He remarried and there is no Will.

Asked on March 31, 2011 under Estate Planning, Pennsylvania

Answers:

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

Answered 10 years ago | Contributor

Yes, adult children from a previous marriage have rights to their father assets if he died without a Will.  The reason is that when someone dies without a Will they are said to have died "intestate".  This means that the deceased's estate is distributed according to the intestacy laws of the state that they were domiciled in at the time of their death.  Typically, such an estate wouldbe distributed to the surviving spouse, if any (1/3 - 1/2) and to the deceased children (1/2 - 1/3).  At this point, you should consult directly with a probate attorney as to your rights.


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