If there is no Will or Trust that states otherwise, children of the decedent will receive a portion of the deceased father's estate through the statute on descent and distribution. If there is a surviving spouse then the children will divide of the estate among them. If there is no surviving spouse then the children will divide the entire estate among them. If the deceased father has a Will or a Trust then the father's estate is distributed in accordance with the terms of the Will or Trust and the child can be disinherited. If the child is a minor or an adult dependent then the child will be able to claim a Child's Award in the probate estate. The amount of such an award is determined by the Court and is intended to provide support for a limited period.
Answered on May 19th, 2016 at 9:23 AM