QUESTION
Can the estate go to the only children from a previous marriage after the spouse dies?
Asked on Jan 01st, 2014 on Estate Planning - Michigan
14 ANSWERS
Civil Litigation Attorney serving Ventura, CA
at
The Law Office of Robert I. Long
Update Your Profile
Anyone can leave anything they own or have a power of appointment over, to anyone. No exceptions, but they must own it or have the power, and they must obey certain formalities such as having legal and mental capacity free from undue influence, preparing a testamentary document with the minimum required information, valid execution, witnesses where needed, etc. That determination of validity may require an examination and investigation.
Answered on Jan 07th, 2014 at 5:14 AM
I need more information. In California, whether or not there is a Will, one half of the community property goes to the living spouse. The rest passes per the Will or probate rules if their is no Will. If the second spouse has already died before the spouse in question dies, then the only heirs normally would be the second person's children. So the answer to your question is that it might pass in that fashion.
Answered on Jan 06th, 2014 at 6:20 AM
Business Planning Attorney serving Livonia, MI
at
Frederick & Frederick Attorneys at Law
Update Your Profile
Can it? Yes. Does it need to? No. Estate planning is needed to make sure things pass the way that you want them to.
Answered on Jan 06th, 2014 at 6:20 AM
Edwin K. Niles
Need more facts. Trust? Will? Spouse alive or dead? If alive, cooperative?
Answered on Jan 06th, 2014 at 6:17 AM
2 Awards
It depends. You need to see an attorney, discuss the family tree and the dates of death of each person.
Answered on Jan 06th, 2014 at 6:16 AM
3 Awards
It is possible. You need to consult an attorney with the specifics. Best of luck to you.
Answered on Jan 03rd, 2014 at 12:59 PM
Probate Attorney serving Newport, OR
at
Minor, Bandonis & Haggerty P.C.
Update Your Profile
It's not real clear what you mean. If a spouse dies without a will, and has children that are not also children of his spouse, his estate is split one-half to spouse, and one-half to children. Then the surviving spouse dies, and you do a separate analysis for her estate.
Answered on Jan 03rd, 2014 at 12:58 PM
Thomas Edward Gates
Your question is not very clear. Is there a will? If not, in Washington, a person dies intestate when there is no will. As such, the statutes define the transfer of the estate. For example, if there is a spouse, the spouse receives everything. If no spouse, then to his children in equal shares. The children in this case are the person's children from any relationship (born, but not married) and any adopted children.
Answered on Jan 03rd, 2014 at 12:58 PM
Yes, with the permission of the spouse and some good planning.
Answered on Jan 03rd, 2014 at 12:57 PM
Taxation Law Attorney serving Glendale, CA
at
Irsfeld, Irsfeld & Younger LLP
Update Your Profile
Yes. If that's what the will says, why not?
Answered on Jan 03rd, 2014 at 12:57 PM
Trusts Attorney serving Sacramento, CA
at
Law Office of Victor Waid
Update Your Profile
Yes, unless there is an after death plan such as a will or trust directing the disposition of the property.
Answered on Jan 03rd, 2014 at 12:56 PM
Business Law Attorney serving Bingham Farms, MI
at
James T. Weiner, P.C.
Update Your Profile
Yes if there is a will that says that
Answered on Jan 03rd, 2014 at 12:56 PM
If the deceased has no spouse and no will, the estate will go to the children in equal shares.
Answered on Jan 03rd, 2014 at 12:51 PM
Commercial Attorney serving Chicago, IL
at
Ashcraft & Ashcraft, Ltd.
Update Your Profile
Assets in a trust are distributed outside of an estate in accordance with the terms of the trust. Assets in an estate are distributed in accordance with the terms of the will. If no will, then in accord with the statute on descent and distribution. If no will and there is a surviving spouse and children of the decedent, then ? to the spouse and ? divided among the children, with the descendants of a deceased child dividing the deceased child's share. If the wife owned assets received from a deceased husband then those assets would be part of the wife's estate and distributed in accord with her will or trust, if any. If none, then to her descendants not the husbands descendants.
Answered on Jan 03rd, 2014 at 12:51 PM