Who’s entitled to my father’s estate?

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Who’s entitled to my father’s estate?

My father was a widower when he passed. His wife, my mother, is also deceased. They had 4 kids together. He also had multiple kids outside his marriage. Now since he’s deceased, we’ve found out that he had no Will. I also have 6 brothers and 1 sister who are the outside kids. I was living with my father for some months before he passed. Now my other siblings, the outside kids, want part of my father’s estate. I thought the estate automatically transferred to his spouse’s kids? Are the outside kids entitled to some of his estate? Some of the kids we believe are not his but he volunteered and paid child support. On his deed he doesn’t list anyone on it. Since I stayed with him can I get the house?

Asked on June 25, 2018 under Estate Planning, Alabama

Answers:

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

Answered 3 years ago | Contributor

The rule is that when someone dies without a Will they die "intestate". This means that the intestacy laws of the state in which a person is domiciled at the time of their death will control. Typically, in such a case, the heirs are the surviving spouse (if any) and all of the deceased's children. Accordingly, the "outside" children are also considered to be your father's heirs. At this point, you may want to consult directly with a local probate attorney who can best advise you further.

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

Answered 3 years ago | Contributor

The rule is that when someone dies without a Will they die "intestate". This means that the intestacy laws of the state in which a person is domiciled at the time of their death will control. Typically, in such a case, the heirs are the surviving spouse (if any) and all of the deceased's children. Accordingly, the "outside" children are also considered to be your father's heirs. At this point, you may want to consult directly with a local probate attorney who can best advise you further.


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