If someone dies without a Will, does “children” in this instance refer only to minor children or does it include adult children?

UPDATED: Apr 3, 2013

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If someone dies without a Will, does “children” in this instance refer only to minor children or does it include adult children?

My state statute reads, “However, if the decedent was survived by his or her spouse and had surviving children, at least one of whom was not also the surviving spouse’s child, the surviving spouse will only receive one-half of the estate”. If my husband has an adult child from a previous marriage and no Will, could that adult child have legal claim to half of the estate?

Asked on April 3, 2013 under Estate Planning, Pennsylvania


Victor Waid / Law Office of Victor Waid

Answered 9 years ago | Contributor

You are advised to seek the opinion of legal counsel and be prepared to pay for a written opinion. But an analysis seems to indicate  the child of previous marriage is entitled to one half of the estate, if no other child of the present marriage exists, providing the property was not held in joint tenancy title.

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