If my late father remarried and had children with his new wife, am I entitled to anything as his heir?

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If my late father remarried and had children with his new wife, am I entitled to anything as his heir?

If yes, how do I protect my inheritance? He died 2 years ago and I’m not sure if he had a Will.

Asked on January 30, 2012 under Estate Planning, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss.  If your father died with out  Will it is known as intestate and the intestacy laws  in your state will apply. Generally speaking, all children inherit equally but some states have quirky rules about children with the present spouse as opposed to children from a prior marriage.  Also, you would inherit only that poriton attributable to his estate meaning that if he and his spouse owned everything jointly it all wentto her on his death. 2 years is a long time. I would inquire and speak with an  attorney  Good luck.


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