My spouse passwed without a will. He has two children that he is involved with and one that he has never been involved with besides paying child support as he was adjudicated the father. Does his property go just to the spouse or how is that divided? Also can the child that he was adjudicated a father to come and claim some of his property even though they never knew one antoher? He would not want that child taking things away from his other two children.
The Minnesota intestate code provides that the spouse is entitled to the first $150k plus half of the remainder. There are also allowances and exemptions that may be available to you. These rules apply ONLY to assets that your husband held in his own name. Property that was joint passes to the joint tenant. Property that had beneficiaries designated passes to the beneficiaries. Assets in your husband's name alone would need to go through probate.
It would make no difference that your husband and his child never knew one another. That is one of the reasons why he should have executed a Will.
Speaking of which, now is the best time to make sure that YOUR estate planning is taken care of, so your beneficiaries will not need to deal with these kinds of issues. You will want to do this with an estate planning attorney so you make sure it is done properly.
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