Are children automatically entitled to a percentage of their father’s estate even if he is survived by a wife?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Are children automatically entitled to a percentage of their father’s estate even if he is survived by a wife?
My dad passed; now we are dealing with his estate between my mother and 5 siblings. Legally, what are the childrens rights?
Asked on July 6, 2012 under Estate Planning, Michigan
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Sorry to hear about your dad.
If he left a Will, the provisions of the Will are controlling in determining the inheritance rights of the named beneficiaries.
If there wasn't any Will, the rules of intestate succession determine inheritance. Intestate means dying without a Will.
Under intestate succession, your dad's surviving spouse would inherit his entire estate. If there had not been a surviving spouse, the estate would have been divided equally among the five children. If you have any deceased siblings who are survived by their children (your dad's grandchildren), they would inherit their deceased parent's share if your dad had not had a surviving spouse.
Again, your dad's surviving spouse inherits his entire estate under intestate succession.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.