What is a Child Entitled to When a Parent Dies Without a Will?
Losing a parent is always a difficult experience. When a parent passes away without leaving a will, the uncertainty and stress for their children can be overwhelming. So, what is a child entitled to when a parent dies without a will? This is where intestate succession laws come into play. In this article, we’ll walk you through the basics of intestate succession, discuss the rights of children, and explain how the experienced attorneys at Hess-Verdon & Associates can provide the guidance and representation you need.
Intestate Succession: The Basics
Understanding Intestate Succession
When a person dies without a will, their estate is distributed according to intestate succession laws. These laws are designed to fairly distribute the deceased’s assets among their closest living relatives, based on a predetermined order.
State Laws and Intestate Succession
Intestate succession laws vary from state to state, but they generally follow a similar pattern. In most cases, the deceased’s spouse will receive a share of the estate, followed by the children. If there is no surviving spouse, the children are typically entitled to the entire estate.
Children’s Rights in Intestate Succession
Shared Inheritance with Siblings
When it comes to intestate succession, children typically share their inheritance with their siblings. This means that if a parent dies without a will, the estate will be divided equally among all the children.
Stepchildren and Intestate Succession
Stepchildren are not automatically included in intestate succession. In most states, stepchildren must be legally adopted by the deceased parent in order to be eligible for a share of the estate.
How Hess-Verdon & Associates Can Help
Expertise in Trust and Probate Litigation
With over three decades of experience in estate planning, business, and commercial litigation, Hess-Verdon & Associates offer unparalleled estate planning expertise. Our attorneys are dependable and sophisticated in trust and probate litigation, providing comprehensive, results-oriented legal counsel.
Our Service to Clients
At Hess-Verdon & Associates, we serve trustees, beneficiaries, business entities, and real estate partners. Our extensive background in trial preparation, strategy, and presentation allows us to effectively represent our clients in complex legal matters. We are committed to delivering personalized, high-quality legal services to help you navigate the challenges of intestate succession and protect your inheritance rights.
In summary, a child’s entitlement when a parent dies without a will depends on the intestate succession laws of their state. Generally, the estate will be divided among the children, with stepchildren requiring legal adoption to be eligible for a share. To ensure the best possible outcome and protect your rights, it’s essential to consult with experienced trust and probate litigation attorneys like those at Hess-Verdon & Associates. Call us today at 1-888-318-4430 for a consultation.
Q: What is intestate succession?
A: Intestate succession refers to the process of distributing a deceased person’s estate when they have not left a will. State laws determine the order in which the deceased’s closest living relatives inherit the estate.
Q: How is a child’s share of the estate determined?
A: In most states, a child’s share of the estate is determined by dividing the estate equally among all the children. This is typically the case whether or not there is a surviving spouse.
Q: Are stepchildren automatically included in intestate succession?
A: No, stepchildren are not automatically included in intestate succession. In most states, stepchildren must be legally adopted by the deceased parent in order to be eligible for a share of the estate.
Q: How can Hess-Verdon & Associates help me in trust and probate litigation?
A: Hess-Verdon & Associates offer expert guidance and representation in trust and probate litigation. Our attorneys have over three decades of experience in estate planning, business, and commercial litigation, and are committed to delivering comprehensive, results-oriented legal counsel.
Q: How can I contact Hess-Verdon & Associates?
A: You can contact Hess-Verdon & Associates by calling 1-888-318-4430 to schedule a consultation with one of our experienced attorneys.
Trust & Probate Litigation Lawyers
Are you looking for a trust litigation lawyer in the Orange County area? When it comes to the practice of Trust and estates, it can be difficult finding an attorney that’s experienced in handling your specific issues.
- Can a Trustee sue on behalf of the trust
- Can a Trustee be held personally liable
- Can a Trustee remove a Beneficiary from a trust
- Settling a Trust After Death
- Being a Trustee of a Trust
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