Tuesday, May 11, 2010

What rights do minor children have to the estate when a parent dies?

Do minor children have rights when a parent dies even if the deseased has a new common law spouse at the time of death. Is the common law spouse entitled to everything? and the kids get nothing because they are minors?What rights do minor children have to the estate when a parent dies?
It really depends on what state you live in and the ages of the children. Usually the court sets up a trust for the children. The common law wife gets half and the children divide the other half up between themselves.





knockingWhat rights do minor children have to the estate when a parent dies?
No, the children have certain rights but since they are minor, they won't having anything until they are 18 years old. You, as the common law spouse, have custody rights, which means that you have access to the children's assets because you are taking care of them but that doesn't mean that you get everything and they don't. It should have been all stipulated in a will. The court will grant you rights but with the condition that the children will have what's theirs once they turn 18.
It does depend on the state.


In some common law partners are not recognized at all.


See an attorney in your area to check it out.
What are MINOR children?
You need a lawyer luv

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