More details to this question:
My father married first wife has died then married second wife first wife has one son second has 2 children proper tissue.
9 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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If he left a will, follow the terms of the will. If not, the probate court will distribute according to the state statutes.
Answered on Jul 27th, 2013 at 2:01 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Please obtain the services of a probate attorney to assist you in determining the course of distribution of assets if any.
Answered on Jul 26th, 2013 at 12:55 AM
Thomas Edward Gates
Your father will designate in his will how he wishes his estate to be distributed. It does not matter whether it's real property (home) or personal property.
Answered on Jul 26th, 2013 at 12:55 AM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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You distribute by gift or in a Will or Trust. Do not really understand your question and explanation.
Answered on Jul 26th, 2013 at 12:55 AM
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It sounds like if there was no will or trust, the estate will have to go through probate. The first wife would not be entitled to anything. The children potentially if your father had separate property (property he owned before the marriage).
Answered on Jul 26th, 2013 at 12:55 AM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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What exactly is your question? The first wife pre-deceased him so she gets nothing from his estate the second wife must outlive him to be entitled to anything from his estate. As for the children, are the children your father's natural /adopted children? If they are either wife's children but not his, they are not entitled to anything from his estate. This is a guess because I'm not sure what exactly you want to know.
Answered on Jul 26th, 2013 at 12:55 AM
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Hard to say without knowing if he left a Will or trust. You would also need to know if he and your mother had a trust that is still in existence and mandated distributions to certain heirs of her share upon your father's death. If not, then there is a chance he can leave it all to the new wife. Without more details it is just speculation.
Answered on Jul 26th, 2013 at 12:55 AM
If there is a will, the estate will be distributed according to its terms. If there is no will, state intestacy laws will determine who inherits the estate. Usually it's the surviving spouse and all living children, adopted or by birth.
Answered on Jul 26th, 2013 at 12:55 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Your situation is not entirely clear. How is the property titled? If it is owned by your father alone, then I assume that your father is still living. What are his planning objectives? If he wants to add the second wife to the title, there is an easy way to do that. If he does not want to add her to the title, then she would need to sign off on a deed set up any other way. If he simply leaves the property in a Will, she would have options to elect against the Will or to take her dower share. It would be useful for your father to meet with an estate planning attorney to help sort this out.
Answered on Jul 26th, 2013 at 12:55 AM