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My husband has children from a previous marriage. Are they…

Customer Question
My husband has children...

My husband has children from a previous marriage. Are they entitled to anything of his before he married me?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

PA

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I can't think of anything.

Submitted: 7 months ago.Category: Family Law
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11/23/2017
Family Lawyer: FamilyAnswer, Lawyer replied 7 months ago
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 32,342
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Family Lawyer: FamilyAnswer, Lawyer replied 7 months ago

Good afternoon. Yes, his children would be entitled to a share of his estate, if he passes and there is no will. If the decedent was survived by his or her spouse and had surviving children, at least one of whom was not also the surviving spouse’s child, the surviving spouse will only receive one-half of the estate.

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Customer reply replied 7 months ago
everything as far as home and autos was in joint names. The property was owned by his parents and given to my husband. their isn't must left that was not jointly purchased by us. His son wants all his guns. But he and his father were estranged and has not spoken for a while. My husband told me not to give his children anything because of this.
Family Lawyer: FamilyAnswer, Lawyer replied 7 months ago

Does he have a will?

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Customer reply replied 7 months ago
no. In 2011 the estate was put in our joint names.
When I asked him about doing a will, he said I don't need a will that I owned everything. So one was never done.
Family Lawyer: FamilyAnswer, Lawyer replied 7 months ago

If the decedent was survived by his or her spouse ( i.e. you) and had surviving children, at least one of whom was not also the surviving spouse’s child, the surviving spouse will only receive one-half of the estate. Under these circumstances, the surviving spouse would not be entitled to the first $30,000.00. The reason for this is that the law presumes that the surviving spouse will care and provide for children of his or her own, but does not make the same presumption for children that are not his or hers. As such, they could try and make a claim to things owned prior to the marriage that were not placed in your name and argue they should take and inherit, so if his son wants his fathers guns and you have no real attachment to them, you may want to agree to this. I understand he he may have told you that he does not want to leave his children anything but without a will, the law will likely prevail.

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Family Lawyer: FamilyAnswer, Lawyer replied 7 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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