My parents divorced then both remarried. Do I have legal rights to thier assests after thier deaths? Does it matter if they have a will or not or what state they live in?
2007-11-05 08:07:05 · 3 answers · asked by dwilliam72 1 in Politics & Government ➔ Law & Ethics
Your parents have the legal right to control what happens to their assets on their death. It is their right, not yours.
If they make a Will or a Trust and name you as a beneficiary, then you have a legal right to whatever they say you get.
If they don't make a Will or a Trust, they are said to have died "intestate." Then the state they are living determines what happens to their property. (The exception could be out of state real property). In essence, because the parent has no Will, the state makes a Will for them.
Most state law provides that if there is no Will, then some assets will go to the new spouse and some assets will go to the children. Exactly how this division takes place is determined by the law of the particular state.
Lastly, certain things are distributed by operation of law and not by Will. This includes assets that are held as "joint tenants" and beneficiaries of life insurance or pensions.
2007-11-05 08:48:46 · answer #1 · answered by Frst Grade Rocks! Ω 7 · 2⤊ 0⤋
The only time you can claim parents assets, under any circumstances, is if you are named in their wills.
If parents die without wills, and if there are assets, the state decides who gets the money.
2007-11-05 08:11:45 · answer #2 · answered by regerugged 7 · 1⤊ 0⤋
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2016-10-15 03:41:24 · answer #3 · answered by ? 4 · 0⤊ 0⤋