White, SD asked in Probate for South Dakota

Q: Dan has 28yr old son with diff person other than w/ his spouse Jan with their 2 minor children. No will. Who inherits?

Dan has a business. Does the 28 year have any right to it?

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1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
  • Estate Planning Lawyer
  • Fowlerville, MI

A: All of the above potentially. It depends on how much value there is in Probate and who else might be owed money.

The laws of intestacy in the state where "Dan" lived will govern, and most states provide spouse and minor children are first in line, but if there are LEGAL children who are not the issue of the surviving spouse, then there is a provision for them too.

Without more facts it is impossible to say

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