United States, 3rd Mar 2025 – When a parent passes away without a will—known as dying intestate—it can create significant uncertainty for the surviving children. Understanding their legal rights is essential to ensure they receive the inheritance and support they are entitled to. Each state has specific intestacy laws that dictate how an estate is distributed in the absence of a will.
At ALTA Estate, under the leadership of Mark Fishbein, we provide expert guidance to help families navigate these challenging situations, ensuring that children’s rights are protected and upheld throughout the process.
Right to Inherit Assets
When a parent dies intestate, their children are legally entitled to inherit a portion of the estate. State laws govern asset distribution, typically prioritizing the surviving spouse and children. In most cases, the estate is divided among them, with each receiving an equal share. If there is no surviving spouse, the children inherit the entire estate.
Understanding state-specific intestacy laws is crucial in determining how assets will be distributed. Our team at ALTA Estate can help ensure that children receive their rightful inheritance.
Immediate Financial Support
One of the most critical concerns following a parent’s death is the immediate financial well-being of their children. The deceased parent’s estate may provide financial support for essential living expenses, such as food, clothing, education, and healthcare. Courts can allocate funds from the estate to ensure the children’s needs are met during probate.
Accessing these funds in a timely manner is essential, especially if the surviving parent or guardian faces financial hardship. ALTA Estate can assist in securing these resources promptly, ensuring the children’s well-being during this difficult transition.
Right to Legal Representation
Children are entitled to legal representation during probate proceedings to ensure their rights and inheritance are protected. In some cases, the court may appoint a guardian ad litem—a legal advocate who represents the child’s best interests in court.
Proper legal representation can help resolve disputes, safeguard the child’s share of the estate, and ensure that their interests remain a priority.
Right to a Guardian
If both parents are deceased or unable to care for their children, the court will appoint a legal guardian. The selection process prioritizes the child’s best interests, considering factors such as:
- The child’s relationship with potential guardians
- The guardian’s ability to provide stable care
- The child’s wishes, if they are of a certain age
This process involves a court hearing where potential guardians present their case, and the judge makes a decision based on the evidence. ALTA Estate provides guidance in navigating this process to ensure the best outcome for the child.
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 designated as a beneficiary, they have the right to claim these proceeds, regardless of intestate succession laws.
Navigating life insurance claims can be complex, but our team can assist in ensuring a smooth claims process.
Right to Social Security Benefits
Children may be eligible for Social Security survivor benefits if a parent passes away. These benefits provide ongoing financial support until the child reaches a certain age, helping cover living expenses, education, and healthcare.
Filing for Social Security benefits requires specific documentation and timely application. Our team can guide families through the process to avoid delays and ensure children receive the support they are entitled to.
Protection Against Estate Claims
If a deceased parent has outstanding debts, creditors may attempt to make claims against the estate. However, many states have legal protections in place to ensure that children receive their inheritance before creditors can collect debts.
Understanding these protections is crucial to safeguarding a child’s inheritance. ALTA Estate has extensive experience in navigating these legal complexities and ensuring that children’s rights are upheld.
Contact ALTA Estate for Legal Guidance
At ALTA Estate, led by Mark Fishbein, we are committed to protecting children’s rights and ensuring their financial security after the loss of a parent. Whether you need assistance with legal representation, securing guardianship, or protecting a child’s inheritance, our team is here to help.
We strongly advise seeking legal guidance in these matters to achieve the best possible outcome for your family. Contact ALTA Estate today for expert support through this challenging time.
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.
Media Contact
Organization: ALTA Estate Services
Contact Person: Office Manager
Website: https://altaestate.com/understanding-childrens-rights-when-a-parent-dies-without-a-will/
Email: Send Email
Country: United States
Release Id: 03032524655
The post What are a Child’s Rights When a Parent Dies Without a Will appeared on King Newswire. It is provided by a third-party content provider. King Newswire makes no warranties or representations in connection with it.
