I was watching a show on tv where a wealthy father died without a will. He has recently married a woman from Taiwan and one of his biological daughters was living with him. After his death, the wife kicked out the daughter and ceased all monthly allowances that were given to his girls.
Can the daughters successful and legally contest this. And can a wife of only six months really received everything the husband left behind despite the fact he has children?
The daughter are basically penniless and must rely on their mother and themselves for support.
It seems very unfair..but something tells me because he didnt leave a will, the girls are well..screwed...
2007-12-01 21:25:58 · 11 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
It depends on a lot of things. First of all, how did the father and the second wife own their property? Was it as tenants by entireties (husband and wife ownership with right of survival)? Or was it individually owned?
In what jurisdiction did they live at the time of the father's death? Each state has an intestate statute. They are not all the same, but they typically provide for succession of individually owned property according to state law.
In Pennsylvania, the wife is entitled to all of the property of a deceased husband if he is not survived by a child or a parent. If the decedent is survived by children children one or more of whom are not issue of the surviving spouse, the surviving spouse gets one-half of the intestate estate.
From what you have described, the new wife from Taiwan grabbed all of her deceased husband's property irrespective of what may be required under the intestate laws of the state.
Recommendation, the daughter should hire a lawyer to look out for her rights. This matter is headed toward litigation.
2007-12-02 01:41:27 · answer #1 · answered by Mark 7 · 3⤊ 0⤋
This would be handled by the probate code in the applicable state. When someone dies without a will, they are said to die "intestate" and their property is distributed by the rules of intestate succession.
Since it varies by state, let's assue some version of the Unified Probate Code is used, and it's in a community property state (It'll be close to the same in most states).
All property held in Joint Tenancy with his wife, belongs to his wife by operation of law. This might include real property, bank accounts, etc.
One half of all community property goes to his wife, since it's hers at his death. Since they recently married, this might not be very much. But if father gave a lot to the community (called a transmutation) then it might be.
The other half of all community property goes to his wife, via the probate come. (In sum, she gets all community property).
What's left is his seperate property.
This gets split between the wife and his biological children. If he had more then 1 child, the wife gets one third share, and the children split the rest.
So you need to check the status of the deeds, checking accounts, etc. But, you could be exactly correct: the girls could be screwed.
This is one reason why almost everyone needs a will. And if you have assets and children, you certainly need a will.
One last thing: Figuring out what is and what isn't community property can be a very complicated matter, as can be the rights of children. If the estate is big enough, it could be a nasty legal matter. Look what happened to Anna Nicloe Smith, or the Johnson and Johnson fortune.
2007-12-01 22:14:53 · answer #2 · answered by tallthatsme 4 · 3⤊ 0⤋
Each state in the US has it's own intestancy "tree" that shows who gets what in the case of a death without a will. Usually the current wife and biological children split the estate, but it does vaary by state.
2007-12-02 01:47:39 · answer #3 · answered by wizjp 7 · 2⤊ 0⤋
it depends on many things, was there an old will and what did that say. What had he said to his friends or family verbally. But the estate will go to probate and generally then claims will be made upon it and assessed for validity and once all claims are settled it may be distributed as per an old will or verbal instructions and then anyone will have a right to contest. It is all very messy and awful
2007-12-01 21:30:16 · answer #4 · answered by dawson_brister 3 · 1⤊ 1⤋
In most states, if there is no will, the assets go to the state, not any of the relatives. The daughters could try to fight this, but would probably lose, but they could at least get the assets out of the new wife's hands and into the hand of a charity or some other organization, I think. Ask a lawyer in your state, or call legal aid and ask.
2007-12-01 21:30:48 · answer #5 · answered by Anonymous · 1⤊ 3⤋
The wife gets the estate if no will is present. It does not matter how long they were married. The daughters might get a lawyer though, depending on the state it may be fightable.
2007-12-01 21:38:04 · answer #6 · answered by Ray S 2 · 1⤊ 2⤋
well technically she has rights to his property because even though she was new to the game she was in the higher control chair being direct spouse. Most banks now require you to leave at least one imediate bennificiary to my knowledge.
2007-12-01 21:31:33 · answer #7 · answered by Allen B 2 · 1⤊ 1⤋
Im pretty sure its the wife but they have to be married for like 2 years or something . I dont know
2007-12-01 21:29:24 · answer #8 · answered by Cha cha 4 · 1⤊ 3⤋
Of course his biological children.
2007-12-01 21:28:28 · answer #9 · answered by Anonymous · 1⤊ 4⤋
Wife gets it all.
2007-12-01 21:29:29 · answer #10 · answered by cherokee_jack 4 · 2⤊ 3⤋