If I have a minor child whose father recently passed away and who was married at the time, is my son entitled to any of his father’s estate?

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If I have a minor child whose father recently passed away and who was married at the time, is my son entitled to any of his father’s estate?

Asked on March 26, 2014 under Estate Planning, Indiana

Answers:

Anne Brady / Law Office of Anne Brady

Answered 7 years ago | Contributor

That depends on whether the child's father left a will.  If the father left a will, his estate will be divided according to the terms of the will.  He also may have had non-probate assets such as a revocable trust and/or accounts with pay-on-death beneficiaries or life insurance.  They will all pass to their pre-designated beneficiaries.  If there are probate assets and no will, under Indiana law, one half of father's personal property will go to the spouse, along with 1/4 of the fair market value of father's real estate, and the rest will be divided up among his children.  Under Arizona law, the spouse would get her half of the community property and 1/2 of father's separate property, and the children divide the rest.


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