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    Estate40's Avatar
    Estate40 Posts: 1, Reputation: 1
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    #1

    Feb 5, 2011, 12:28 PM
    Step children rights
    Father of 2 remarried a women which became their step mother. Father dieds 5 years ago then. Then step mother dies leaving no will. Are the 2 people entilted to any of the step mothers estate?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Feb 5, 2011, 12:53 PM
    Quote Originally Posted by Estate40 View Post
    Father of 2 remarried a women which became their step mother. Father dieds 5 years ago then. Then step mother dies leaving no will. Are the 2 people entilted to any of the step mothers estate?
    No. To be sure, one should look at the intestacy statute for her state of residence, but I'm fairly sure the answer would be no. They are not her issue.

    They probably would have inherited from their father, if he died intestate with anything in his estate.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Feb 5, 2011, 05:57 PM

    No, they have no right to the estate of the "step mom" unless she adopted them at some point.

    They would in many states have had a right to part of the estate of the fathers estate, would have had a share along with new wife. Did they receive anything at his death ? Was there a will and if so, did they have it reviewed with an attorney, I know you said she died without will, but what about father
    summer_girl's Avatar
    summer_girl Posts: 146, Reputation: 48
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    #4

    Feb 22, 2011, 02:03 PM
    The only way they would have any rights is if she specifically named them in her will, which she did not. Upon their father's death, anything he did not leave to them became his wife's.

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