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Is my son entitled to a share of his deceased father's estate?

Is my son entitled to a share of his deceased father's estate?

Full question:

My ex-husband and father to my son died recently. Although he had remarried after our divorce, he never had children in his marriage. Word out in the family is that he has not left a will behind. Is my son entitled to get a share in his deceased father’s estate?

Category: Wills and Estates
Subcategory: Intestacy
Date: 04/07/2025
State: Wyoming

Answer:

Yes, your son is entitled to a share of his deceased father's estate under Wyoming intestacy laws. According to these laws, if a person dies without a will (intestate) and has a surviving spouse and children, both the spouse and the children inherit the estate. Specifically, Wyo. Stat. § 2-4-101 states:

(i) If the deceased has a spouse and children, the spouse receives one-half of the estate, while the remaining half goes to the children.

(ii) If there is a spouse but no children, the spouse inherits the entire estate.

In your case, the estate will be divided equally between his surviving spouse and your son from your first marriage.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How does remarriage affect inheritance?

Remarriage can significantly impact inheritance rights. In general, if a person remarries and has children from a previous marriage, the new spouse and those children may share in the estate if the deceased dies without a will. In Wyoming, for example, the surviving spouse typically receives half of the estate, while the deceased's children from previous relationships inherit the other half (Wyo. Stat. § 2-4-101). This means that the new spouse does not automatically inherit everything, especially if there are children from prior marriages.

Are children from previous marriage entitled to inheritance?

Yes, children from a previous marriage are entitled to inherit under Wyoming intestacy laws if their parent dies without a will. In such cases, the estate is divided between the surviving spouse and the children. Specifically, the spouse receives half, while the children share the remaining half (Wyo. Stat. § 2-4-101). This ensures that children from prior marriages have a legal claim to their parent's estate.

Can a child born out of wedlock inherit?

In Wyoming, a child born out of wedlock can inherit from their father if paternity is established. This can be done through a court order or acknowledgment by the father. If paternity is confirmed, the child has the same inheritance rights as children born within marriage. Thus, they can inherit a share of the deceased's estate under intestacy laws (Wyo. Stat. § 2-4-101).

Is an ex-spouse entitled to anything after death?

Generally, an ex-spouse is not entitled to inherit from a deceased former spouse unless specified in a will or other legal document. In Wyoming, once a divorce is finalized, the ex-spouse typically loses any rights to the deceased's estate. However, if there are children from the marriage, those children may inherit, but the ex-spouse does not have a claim unless otherwise stated in a legal agreement.

Am I entitled to my ex-spouse's inheritance?

No, you are not entitled to your ex-spouse's inheritance after divorce. In Wyoming, once the divorce is finalized, any inheritance rights you had are typically terminated. However, if there are children from the marriage, they may inherit from their deceased parent, but you, as the ex-spouse, do not have a claim to the estate unless specifically mentioned in a will or legal agreement.

Who is first in line for inheritance?

In Wyoming, the first in line for inheritance are the deceased's surviving spouse and children. If the deceased has a spouse and children, the spouse receives half of the estate, while the children share the other half (Wyo. Stat. § 2-4-101). If there are no children, the spouse inherits the entire estate. If there is no spouse, the estate may go to parents, siblings, or further relatives, depending on the family structure.