What rights do children have in the estate of a remarried parent who died without a Will?

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What rights do children have in the estate of a remarried parent who died without a Will?

Asked on April 29, 2012 under Estate Planning, Nevada

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Sorry to hear about your parent.

When a person dies without a Will, the rules of intestate succession determine inheritance.  Intestate means dying without a Will.

Under the rules of intestate succession, the entire estate would go to the surviving spouse.  If there isn't any surviving spouse, the children of the deceased parent would inherit equal shares of the estate.  For example, if there are two surviving children, each would inherit one half.  If there is a deceased child, who has surviving children (your parent's grandchildren), they would receive equal shares of what their deceased parent would have received.  For example, if you have a deceased sibling, who has two surviving children.  Each surviving child would receive one half of what their deceased parent would have inherited if the deceased parent had survived.


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