If I’m a divorced mother with 5 adult children and their father died intestate, do my children have any claim to part of his estate even though he remarried?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I’m a divorced mother with 5 adult children and their father died intestate, do my children have any claim to part of his estate even though he remarried?

He was remarried for less than 10 years. We were married for 26 years.

Asked on April 18, 2013 under Estate Planning, Alaska

Answers:

Elena Eckert

Answered 11 years ago | Contributor

Unless the children were expressly disinherited in your deceased ex-husband's will, they do have a claim to the statutory share in their father's estate.  However, his wife also has a claim to the statutory share.

The percentage of your children's share will depend on the law of the state where the deceased lived, as well as on the number of heirs.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption