Dad died without will.

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Dad died without will.

My dad married 3 months before dying of liver cancer. He had no Will. He has 3 biological children from his first wife. The woman he married is now keeping everything and won’t talk to us kids. Do we the children have any rights to an inheritance?

Asked on August 21, 2018 under Estate Planning, Illinois

Answers:

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

Answered 3 years ago | Contributor

When someone dies without a Will, they die "intestate". This means that the intestacy laws of the state in which they died will control the distribution of their estate. Typically, this is 1/2-1/3 to the surviving spouse, if any, and the remainder to the children of the deceased. Accordingly, you and your siblings have a legal right to a portion of your late father's assets. At this point, you should 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

When someone dies without a Will, they die "intestate". This means that the intestacy laws of the state in which they died will control the distribution of their estate. Typically, this is 1/2-1/3 to the surviving spouse, if any, and the remainder to the children of the deceased. Accordingly, you and your siblings have a legal right to a portion of your late father's assets. At this point, you should consult directly with a local probate attorney who can best advise you further.


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