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intestate minor child

Started by loriann, Jan 29, 2004, 07:36:29 AM

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loriann

When the father dies without a will,are the minor children treated the same as the adult children according to the law?

purrrfectgirl

Unless there is some document stating to the contrary, then all children, whether adult or minor, are treated the same.  The courts can order a minor child's share to be held in a trust until they reach age of majority and appoint an administrator.  If the person was married with 1 child then the spouse gets 1/2 of the assets and the child gets the other half.  If there was more than 1 child then the spouse gets 1/3 of the assets and the remainder  is divided equally between all surviving children.