I know I am entitled to 50% and the two children that are my deceased spouses are entitled but are my children (the two stepchildren) also to be included?
My condolences on your loss. Having to deal with all the financial problems is especially difficult at this time. Take your time and make sure you double check all advice you get.
Catholic Family Services referred me to a pro Bono legal service that gave me a free 30 minute consultation. Check and see if a law school in your area offers a similar service. At least for some basic starting info before spending a lot of money on an attorney. Some attorneys will give you the first consultation free.
One note for the future, make sure every account you own has a beneficiary named, even savings. Mom didn’t have anyone named on her savings and since we didn’t go to probate court we could not close it out. Luckily it was less than $200. For her IRA each beneficiary had to go to the bank and present their credentials. And we had to provide death certificates for both her and a brother who died before she changed her beneficiaries.
Why, why, why don't all people have their affairs in perfect updated order at all times. Not to do that is idiotically stupid and sick. The laws in all states differ as to who gets what at death. Immediately freeze all assets and contact and eldercare specialist attorney who can advise you and handle this - do not attempt to do this on your own. It is complicated and cause endless problems if not done correctly. Only an attorney in your state can and will help you - this should never have happened. Don't do anything until you get this advice. A good lawyer can handle this and you can avoid a possible court battle. Don't wait.
No will? YOU get to decide who gets what. Nobody is ENTITLED to anything except you. If your late husband voiced his thoughts on the matter, you may wish to follow his ideas, but you are not obligated in any way to do that. This is assuming that these children of which you speak are grown adults.
The legal position where I am is that on intestacy the wife gets 50% and the children of the deceased get 50% between them. If your children were to inherit on their stepfather’s intestacy it would be a one-eight share (50% share divided by total of 4 children). However your children can eventually inherit from you, including the share that comes to you now.
Except in US states that use ‘french’ community property laws, there is a good chance that this applies to your situation, as it is normal in common law jurisdictions.
According to SC code: foster children and stepchildren do not have a share in no will situations. Unless you have free or low cost legal costs I would let it go, or give your children a cut of your inheritance.
I’m sorry for your loss. This site has helpful information. The founder’s husband died unexpectedly (and young) so she teaches others about planning. While some of this may not apply to your situation, she shares a great deal of excellent guidance. It would be wise to seek an attorney to guide you with your specific case: https://getyourshittogether.org/
You need to contact a probate attorney in your state because rules can vary. Make a list of everything - insurance, retirement accounts, bank accounts, autos, homes, etc, etc. Then make a note if owned jointly or separately (may not matter in your state, but the atty will need that info). Some bank accts, insurance and other assets may have a 'transfer upon death'. Those things do exactly what it means - transfers to a certain person(s) upon death and probably won't be even considered as part of the distribution where his estate/probate items are concerned. However, list them anyway so atty knows about everything.
Ask atty how to handle personal items - those things may automatically belong to you, but if you know certain things would have meaning to his children, pass them along now. Or make a list of them to go to his children upon your own death. Don't let some memento that has no meaning to your own children divide the family. Pictures, old family items should go to his family and should be offered to them...now or later.
I would study either the statute or the synopsis, or both, and if you still have questions, contact your local Senior Center to find out if they have visiting attorneys who provide limited, free advice on various topics.
If at that point you still need guidance, you could always contact the Probate Court and ask to speak to a staff attorney (we had them years ago as part of providing thorough Probate support).
If there are still questions, you might consider asking the Probate Court staff attorney for recommendations of private counsel who practice in the area of intestate law.
This APPEARS to be the section applicable to your question of whether or not your children (his stepchildren) will inherit:
"Foster children and stepchildren. Foster children and stepchildren you never legally adopted will not automatically receive a share." The "you" would refer to your deceased husband.
The key is probably "automatically".
These kinds of laws are what govern distribution of assets when no will has been executed.
My sincere condolences on the loss of your spouse. Make a list of all assets: life insurance policies, bank accounts, property deeds, IRA's, stock, pension & brokerage accounts. Some of those will have named beneficiaries. Then contact a lawyer immediately and have him do the accounting in the correct, legal way. If you find you are entitled to all assets, do the right thing and be generous with his children.
Look up your state's laws. Generally, you get is all. It might be wiser to talk to each child individually about each one's expectations. It might be a nice gesture to give each child something. Please get your will made up.
If there's no will and you are the legal spouse you would automatically get half of his estate no matter how many kids or family he has. In some states the spouse is the sole heir to an estate if there is kids and no will. In such a case the deceased person's kids are adults they can put a claim into the estate and almost always get a share of it. Did your late husband adopt your kids? I he did then they are legitimate heirs and can make a claim to his estate. If your husband didn't make a will, your best bet would be to go down to the probate court and explain your situation to someone there. They might tell you to hire a lawyer and they might not. See what they say.
If you're not planning on selling the home ya'll lived in, then You should be able to continue your life as it was. If there is no will and you are keeping his children then you may be keeping everything.
If his two children are already grown then you will get your half and another half of your Husband's Half and his two children will divide that which is 1/4 of the estste between them.
Just like when you die, your children will get what you leave.
But, if Relatives start asking for stuff then you should seek advice from a Lawyer.
I would keep everything going as it was.
You should know your husband's wishes about what he wanted.
I would keep everything until I passed and once I'm gone everything divided among the 4 children
Not necessarily. In the United States the spouse gets half and the kids share the other half. Unless it has been otherwise stipulated and agreed upon by all parties in a legal last Will and Testament. A living spouse can easily contest a will if they want and usually win in court.
And let the steps KNOW that they are included. I've seen families torn to pieces over small estates, simply b/c they felt 'entitled'. Make your own will, include the 'steps' and tell them about it.
If they choose to be hurt about your DH's lack of a will, that's going to have to be something they deal with.
My mom's will has the 5 remaining sibs inheriting inequally and 3 of us kn know it. The 'favorites' get more. I actually was BILLED by mother for goodness knows what--$1500 to be paid to her estate before the will is enforced. The YB who took her in and has cared for her (unpaid) for 23 years was billed $6000.
These handwritten, un-notarized 'bills' are not legal and so my YB who is FPOA simply destroyed them. (after a brief discussion with her attorney).
YB doesn't know about it, and it will stay that way.
No, steps are not included because they are not related. I know in my state the spouse gets 75% and the children 25% between them. I can't find how the estate would be split.
I know children that have given up their share because the surviving spouse needs the money or house more than they do. Maybe his children will do this for you. Then you can have a Will drawn up that all the children inherit.
In TN, where I live, the minimum the spouse is entitled to (even if there's a will) is a share equal to his living children or children who died with issue, plus a year's living expenses and the general household contents (furniture, dinnerware, decorations, etc). So a wife with 2 step-children would be entitled to 1/3 of the dividable estate after the household contents and a year's expenses were deducted. The widow/widower also has the first choice among any items to be divided. Step-children while not considered in the step-parent's estate would eventually inherit from the portion their parent inherited.
"dividable estate" is non-titled stuff without her name on the deed. For example, many married people have their deeds as "jointed tenant in the entirety" which means the titled property is immediately owned by the survivor and is not considered to be in any estate. Many financial joint accounts may also be set up so the survivor immediately inherits and are not subject to be included in an estate.
You can contact your local Area Agency on Aging for a reference to an attorney who would provide you with information about how the law in your state is written for a free or a very reasonable fee.
I agree (legally) with the responses from Midkid58 and Guestshopadmin. But I have to wonder what your husband would have wanted. Were your children very young when you two married or were they older? Did he raise them as his own? What is the relationship with his bio children? I have 2 step children and I can not imagine not including them in my Will. I have known them over 40 years and I think of them as my kids. But emotion aside, legally you and his children inherit.
He was very close to his step children, closer than his own. We were married for 25 years and I am very close to his children. I would not deny them their due. He would definitely wanted to include them but I think that is beside the point now. Sad
Not usually unless he adopted them, but consult an attorney in your state familiar with an intestate death and probate, depending on the size of estate and type of assets. State law usually refers to “children of the body” as well as spouse. Not usually steps.
Catholic Family Services referred me to a pro Bono legal service that gave me a free 30 minute consultation. Check and see if a law school in your area offers a similar service. At least for some basic starting info before spending a lot of money on an attorney. Some attorneys will give you the first consultation free.
One note for the future, make sure every account you own has a beneficiary named, even savings. Mom didn’t have anyone named on her savings and since we didn’t go to probate court we could not close it out. Luckily it was less than $200. For her IRA each beneficiary had to go to the bank and present their credentials. And we had to provide death certificates for both her and a brother who died before she changed her beneficiaries.
Except in US states that use ‘french’ community property laws, there is a good chance that this applies to your situation, as it is normal in common law jurisdictions.
Ask atty how to handle personal items - those things may automatically belong to you, but if you know certain things would have meaning to his children, pass them along now. Or make a list of them to go to his children upon your own death. Don't let some memento that has no meaning to your own children divide the family. Pictures, old family items should go to his family and should be offered to them...now or later.
South Carolina's intestacy laws can be read here.
Synopsis: https://www.nolo.com/legal-encyclopedia/intestate-succession-south-carolina.html
If you want the specific laws and verbiage establishing rights, this is the statute:
https://www.scstatehouse.gov/code/t62c002.php
I would study either the statute or the synopsis, or both, and if you still have questions, contact your local Senior Center to find out if they have visiting attorneys who provide limited, free advice on various topics.
If at that point you still need guidance, you could always contact the Probate Court and ask to speak to a staff attorney (we had them years ago as part of providing thorough Probate support).
If there are still questions, you might consider asking the Probate Court staff attorney for recommendations of private counsel who practice in the area of intestate law.
This APPEARS to be the section applicable to your question of whether or not your children (his stepchildren) will inherit:
"Foster children and stepchildren. Foster children and stepchildren you never legally adopted will not automatically receive a share." The "you" would refer to your deceased husband.
The key is probably "automatically".
These kinds of laws are what govern distribution of assets when no will has been executed.
Make a list of all assets: life insurance policies, bank accounts, property deeds, IRA's, stock, pension & brokerage accounts. Some of those will have named beneficiaries. Then contact a lawyer immediately and have him do the accounting in the correct, legal way. If you find you are entitled to all assets, do the right thing and be generous with his children.
Did your late husband adopt your kids? I he did then they are legitimate heirs and can make a claim to his estate.
If your husband didn't make a will, your best bet would be to go down to the probate court and explain your situation to someone there. They might tell you to hire a lawyer and they might not. See what they say.
If his two children are already grown then you will get your half and another half of your Husband's Half and his two children will divide that which is 1/4 of the estste between them.
Just like when you die, your children will get what you leave.
But, if Relatives start asking for stuff then you should seek advice from a Lawyer.
I would keep everything going as it was.
You should know your husband's wishes about what he wanted.
I would keep everything until I passed and once I'm gone everything divided among the 4 children
I guess your husband didn't understand that if he wanted YOUR kids to inherit, he needed to make a will.
Now that you know the facts, make sure that you include your steps in your own end of life documents.
If they choose to be hurt about your DH's lack of a will, that's going to have to be something they deal with.
My mom's will has the 5 remaining sibs inheriting inequally and 3 of us kn know it. The 'favorites' get more. I actually was BILLED by mother for goodness knows what--$1500 to be paid to her estate before the will is enforced. The YB who took her in and has cared for her (unpaid) for 23 years was billed $6000.
These handwritten, un-notarized 'bills' are not legal and so my YB who is FPOA simply destroyed them. (after a brief discussion with her attorney).
YB doesn't know about it, and it will stay that way.
I know children that have given up their share because the surviving spouse needs the money or house more than they do. Maybe his children will do this for you. Then you can have a Will drawn up that all the children inherit.
"dividable estate" is non-titled stuff without her name on the deed. For example, many married people have their deeds as "jointed tenant in the entirety" which means the titled property is immediately owned by the survivor and is not considered to be in any estate. Many financial joint accounts may also be set up so the survivor immediately inherits and are not subject to be included in an estate.
You can contact your local Area Agency on Aging for a reference to an attorney who would provide you with information about how the law in your state is written for a free or a very reasonable fee.
Like, any account you are joint account holder, that is now all yours.
Anything that had a named beneficiary or a POD designation belongs to the named individual(s).
Depending on what his assets are worth, you may not even have to file probate.
Please, go to your states attorney general website and read the statutes for death without a will.
They are usually pretty simple to read and understand.
I am sorry for your loss. May you receive wisdom, guidance and grieving mercies from The Lord.
But I have to wonder what your husband would have wanted.
Were your children very young when you two married or were they older? Did he raise them as his own? What is the relationship with his bio children?
I have 2 step children and I can not imagine not including them in my Will. I have known them over 40 years and I think of them as my kids.
But emotion aside, legally you and his children inherit.
Actually, depending on how drew up his will, he could have left everything to you (that's pretty standard) and also to your 2 kids.
Without a will, you are subject to the law, which it seems you are familiar with.