My neighbor just passed away from cancer, he has two adult children from a previous marriage and a new wife of 25+ years. Both of his children live in the same town, but never came to see him during his battle with cancer. From my understanding they did not have a relationship with their father. They were in the process of making the will out when he passed away, so nothing was legalized. Will his children be entitled to his estate or will his current wife have possession?
2006-12-06 02:44:02 · 5 answers · asked by stacey h 3 in Politics & Government ➔ Law & Ethics
Rules of intestate succession (how estates pass upon the death of a person who has no will) vary from state to state. "Estate" in probate terms means more than just the home; it includes all property (real, personal, intellectual) that the husband owned at the time of death. It does not include anything that automatically transferred to wife at his death (e.g. a life insurance policy or real property owned as tenants by the entirety).
The wife needs to find a good attorney who's familiar with estate planning and probate to move the deceased's estate through probate.
2006-12-06 02:55:52 · answer #1 · answered by chio 3 · 1⤊ 0⤋
It really depends on the laws of the state where your neighbor's estate is probated. If he died intestate (without a properly signed and executed will), chances are the current wife will get most of his estate and his children will be entitled to a portion as well. There is also a chance that his former spouse may get a share, even though they have been divorced. However, if the estate is probated in a community property state -- like California -- I can almost guarantee you that the current wife will get everything.
2006-12-06 02:54:42 · answer #2 · answered by sarge927 7 · 1⤊ 0⤋
If everyone is mature, they will probably follow the wishes in his will even though it hasn't been finished. Otherwise, the legalities vary by state. In Pennsylvania, at least, the wife would get half, and the children would split the other half between them.
2006-12-06 02:53:52 · answer #3 · answered by LCG 4 · 0⤊ 0⤋
My guess it that it will be divided up among all. Although his new wife is the "legal" heir.
2006-12-06 02:48:46 · answer #4 · answered by Anonymous · 0⤊ 0⤋
No will? The legal spouse gets 1st dibs! :-)=
2006-12-06 02:52:20 · answer #5 · answered by Jcontrols 6 · 0⤊ 0⤋