My ex-husband who remarried died without a Will. We had a son together. Does our Son receive anything?

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, the son, in the given instance, is a descendant of the deceased and shall be entitled to a share in the intestate property per the laws in Wyoming. The intestacy law in Wyoming states that if the decedent has a surviving spouse and descendants, both are entitled to an equal share in the intestate property. Wyo. Stat. § 2-4-101 which governs the rules regarding division of intestate property reads:

“(a) Whenever any person having title to any real or personal property having the nature or legal character of real estate or personal estate undisposed of, and not otherwise limited by marriage settlement, dies intestate, the estate shall descend and be distributed in parcenary to his kindred, male and female, subject to the payment of his debts, in the following course and manner:
     (i) If the intestate leaves husband or wife and children, or the descendents of any children surviving, one-half (1/2) of the estate shall descend to the surviving husband or wife, and the residue thereof to the surviving children and descendents of children, as hereinafter limited;
     (ii) If the intestate leaves husband or wife and no child nor descendents of any child, then the real and personal estate of the intestate shall descend and vest in the surviving husband or wife.
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In the case at hand, per the above-quoted statute, the property of the decedent will be divided equally between his surviving spouse and his son from his first marriage.