Q: My dad died and had a wife. Can she take everything from the kids if they're not her biological kids but are his.
He was married in Georgia had 3 kids with her moved to Maryland had 2 kids stayed in Maryland for over 20 years and died in Maryland. Can she take everything 401k pension ect and leave us dry if he had no will.
A: She can only claim $15,000 plus 50% of everything else. The rest goes to his children in equal shares. However, any assets that were jointly titled may go 100% to the surviving owner. That includes real estate, financial accounts, etc. Also, assets like 401Ks, IRA accounts, etc., have named beneficiaries who will take the assets outside of the estate. The only assets in a person’s estate for distribution are those the person dies owning solely in their name, and which have no beneficiary designation.
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