What is a Child Entitled to When a Parent Dies Without a Will?

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.

Conclusion

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.

FAQs

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.