At this point, do the children from second marriage have any rights? 5 Answers as of March 19, 2015

My cousin's father died 5 years ago. My uncle did not have a will, and to the best of my knowledge his assets were divided amongst his children. My cousin and her brother are from a second marriage, and apparently weren’t included in the distribution of his assets. My uncle was listed as their father on their birth certificate, but neither of his other 2 kids received anything.

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Law Ofices of Edwin K. Niles | Edwin K. Niles
The children should have had a share. However, it may too late to sort it out. Was there a probate proceeding? If so, is it still open? Did the children receive notice? They should have a lawyer look into it.
Answer Applies to: California
Replied: 3/19/2015
Law Offices of George H. Shers | George H. Shers
It is confusing to me who did get anything. If he is listed as the father on their birth certificate that he is presumed to be their father and all children of his body would get an equal share. His second wife would also get a portion of his assets; the percentages vary among the different states. Why has your cousin waited five years? They should go to a probate attorney for a free consultation to see what can be done. If they are not willing to take the time to do it themselves, there is nothing you can do.
Answer Applies to: California
Replied: 3/19/2015
James Law Group
James Law Group | Christine James
Too hard to say without seeing the family tree and any wills or trusts that might exist.
Answer Applies to: California
Replied: 3/19/2015
Law Offices of Robert P Bergman
Law Offices of Robert P Bergman | Robert P. Bergman
The passage of five years from the death of your uncle likely means that your cousins don't have any rights to a assert a claim to some of his estate. The time to actually do something was in the past. In the absence of a will or living trust leaving everything to the children of the first marriage, and in the absence of a surviving spouse for your uncle, your cousins should have received an equal share of his property. However, it is really too late to do anything about that now.
Answer Applies to: California
Replied: 3/19/2015
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
Were the two children adopted legally? If in California, they are entitled as half bloods by statute.
Answer Applies to: California
Replied: 3/19/2015
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