QUESTION

When married and one of the partners die and no will is left are children entitled to anything?

Asked on Oct 22nd, 2012 on Wills and Probate - North Carolina
More details to this question:
Are children entitled to anything if the parent dies and the step parent has other stuff in his name?
Report Abuse

1 ANSWER

Dear North Carolina, I practice in Illinois, so please be sure to consult an attorney in your home state for any variations in the law. In Illinois step children are not entitled to anything from the step parent's estate if they die without a will.  Step parents are generally required to designate gifts to their step children outright in their wills or else those children are entitled to nothing.  So the moral is....ALWAYS GET IT IN WRITING.  That step parent-while alive-might have loved those kids like he made them on the night of the honeymoon but upon dying without a will everybody will know indeed they were stepchildren.  The biological or adopted children on the other hand splits everything with the surviving spouse.  Hope that helps although I don't think it was quite what you were hoping to hear.  Best wishes with everything.   
Answered on Oct 22nd, 2012 at 11:37 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters