See Intestate Succession . Each state has its own laws protecting the interests of surviving spouses. Each state has its own method of computing the share and the differences can have a significant effect on the amount available to a spouse. If you are living separate from your spouse but are not yet divorced, your state's law will determine whether you are entitled to share in your spouse's estate. With minor exceptions, you are not required to leave any property to your children.
Most states have laws protecting children against inadvertently being disinherited.
Thus, children who are born after a will is executed may be entitled to a share of the estate. There are also laws requiring a deceased parent to support a minor child. The Martindale-Hubbell Law Directory is the most complete, trusted source for identifying qualified legal counsel. Your access to and use of this website is subject to additional terms and conditions . Reed Elsevier Inc. All rights reserved.