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J. Warren
J. Warren, Attorney
Category: Estate Law
Satisfied Customers: 2246
Experience:  Experience in estate planning including wills, trusts and succession planning.
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I am first born but father remarried and had 2 children with

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I am first born but father remarried and had 2 children with 2nd wife. Father has acknowledged my existence once. Can I claim share of inheritance when he passes.
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A child may be able to claim a portion of an estate depending on the language in the will or if no will exists. A parent is entitled to disinherit a child but for this to be effective must do so with language in a will or trust document stating I am disinheriting my child "x". It is not enough to simply not name the child in the will.

If a parent's will simply states all my assets will be divided equally among my children,then a child from a previous marriage would have a right to a portion of the estate. Provided however, the 2nd spouse predeceases the biological parent. If a father passes away first having a child from a previous marriage and his will states all assets go to current spouse, this results in his entire estate going to spouse and she can do whatever she wants to with it. Meaning she may will the assets to her own children only. This often is an unintentional outcome of blended families and occurs often without specific planning.

The other way a child from a previous marriage may inherit a portion of a parent's estate is if the parent dies without a will which is called intestate. The estate would be divided with a portion going to the surviving spouse and then the rest to divided among children, including those from a prior marriage.

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All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.

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