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?

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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 8 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.


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