What to do if my husband died without a Will?

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What to do if my husband died without a Will?

He has 3 adult children and 1 minor. The adult children did not acknowledge him as being their father. Are they entitled to any of his belongings?

Asked on May 16, 2013 under Estate Planning, Texas

Answers:

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

Answered 8 years ago | Contributor

When a person dies without a Will they are said to have died "intestate". Accordingly, the intestacy or "succession" laws of the state in which he was domiciled at the date of his death will control.

Typically (but not in all states), when someone dies intestate their estate is divided along the lines of 1/3-1/2 to a survivng spouse , if any, and the remainder to the deceased's children (biological or adopted). Whether or not their children acknolwdged them is of no concern legally speaking.

Consequently, yes your husband's children will probably be entitled to a share of his estate.


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