When a parent dies without a will, known as dying intestate, it can create uncertainty and confusion for the surviving children. Understanding a child’s rights is crucial to ensure they receive what they are legally entitled to. Intestate laws vary by state and determine how a deceased person’s estate is distributed without a will. At ALTA Estate, under the leadership of Mark Fishbein, we provide expert guidance, helping families navigate these complex situations and ensuring that children’s rights are protected and upheld.
Right to Inherit Assets
When a parent dies without a will, their children are legally entitled to inherit a portion of the estate. State intestacy laws govern the division of assets, typically prioritizing the spouse and children. In most states, the estate is divided among the surviving spouse and children, each receiving an equal share. If there is no surviving spouse, the children inherit the entire estate.
Immediate Financial Support: A Crucial Right
In many cases, the deceased parent’s estate can provide immediate financial support for their children. This support covers essential living expenses such as food, clothing, education, and healthcare. For instance, it can help cover the child’s school fees or medical bills. Courts may allocate funds from the estate to ensure the children’s needs are met during the probate process.
Accessing these funds promptly can be critical, especially if the surviving parent or guardian faces financial challenges. Mark Fishbein and the team at ALTA Estate can help secure immediate support for the children, ensuring their well-being during this difficult time.
Right to Legal Representation
Children have the right to legal representation during probate proceedings. This ensures their interests are protected and they receive their fair share of the estate. Sometimes, the court may appoint a guardian ad litem, a legal representative who advocates for the child’s best interests.
Right to a Guardian
If both parents are deceased or incapable of caring for their children, the court will appoint a legal guardian. The selection of a guardian is based on what the court determines to be in the child’s best interests, taking into account factors such as the child’s relationship with potential guardians, the guardian’s ability to provide care, and the child’s wishes if the child is of a certain age.
This process involves a court hearing, during which the potential guardians present their case, and the court makes a decision based on the evidence presented. Mark Fishbein and ALTA Estate can guide you through this process, ensuring that the best interests of the child are at the forefront of the decision.
Right to Life Insurance Proceeds
Life insurance benefits are typically separate from the probate process and are paid directly to the named beneficiaries. If a child is the beneficiary of a life insurance policy, they have the right to claim these proceeds, regardless of intestate succession laws.
Right to Social Security Benefits
Children may be eligible for Social Security survivor benefits if a parent dies. These benefits can provide ongoing financial support until the child reaches a certain age, helping to cover living expenses, education, and other needs. The application process requires specific documentation, and it’s important to apply promptly to avoid delays.
Protection Against Estate Claims
In some cases, a deceased parent’s estate may have outstanding debts or claims from creditors. However, many states have protections to ensure children receive their inheritance before creditors can make claims against the estate. These protections vary by state and can significantly impact the distribution of assets.
Ensuring that a child’s inheritance is protected requires a thorough understanding of state laws and the probate process. Mark Fishbein and the team at ALTA Estate are experienced in safeguarding children’s rights and protecting their inheritance from potential estate claims.
Contact ALTA Estate Today
At ALTA Estate, led by Mark Fishbein, we provide expert advice and support to help families through these challenging times. Whether you need assistance with legal representation, appointing a guardian, or protecting a child’s inheritance, our team is here to help you every step of the way. We strongly advise seeking legal guidance in these matters to ensure the best possible outcome for your family.
Call the Arizona Estate Planning experts at (520) 797-1400 to learn more about Family Trust, Living Trusts Preparation, and Asset Protection, including the Emergency Telephone Hotline Program afforded to you and your family members at no charge during times of crisis and the other benefits of estate planning described above. Follow Mark Fishbein Arizona Estate Planner on LinkedIn or Facebook.
The text above is for general informational purposes and should not be considered legal advice. For more information, click Contact Us.
